AN ACT relating to taxation; revising the
provisions governing the use of the proceeds from the county motor vehicle fuel
tax in certain counties and certain sales and use taxes to allow use for
maintenance and repair of roads; requiring each county and incorporated city to
submit a list to the department of transportation setting forth each road or
street maintained by the county or city; defining the term construction,
maintenance and repair for the purposes of using the proceeds of certain taxes
on motor vehicle fuel; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 365.185 is
hereby amended to read as follows:

365.185 1. In addition to
any other tax provided for in this chapter, there [shall] must be levied an excise tax on gasoline.

2. This tax [shall] must be imposed and [shall
increase up to a total of 4 cents per gallon,]will increase if the tax collected by the Federal
Government pursuant to the provisions of 26 U.S.C. § 4081 [, is diminished]or
any other tax collected by the Federal Government relating to gasoline is
reduced or discontinued in whole or in part. The amount of the tax so
imposed by this state [shall] must be equal to the amount by which the federal tax
is reduced.

3. This tax [shall]must be accounted for by each dealer and [shall be] collected in the manner
provided in this chapter. The tax [shall] must be paid to the department and delivered by the
department to the state treasurer.

Sec. 1.3. NRS 365.550 is
hereby amended to read as follows:

365.550 1. The receipts of
the tax [as levied in]levied pursuant to NRS 365.180 must be allocated
monthly by the department to the counties [upon]using the following formula:

2. The amount [due]allocated to the counties under the formula must
be remitted monthly. The state controller shall draw his warrants payable to
the county treasurer of each of the several counties, and the state treasurer
shall pay the warrants out of the proceeds of the tax levied [in]pursuant to
NRS 365.180.

3. Of the money received by the counties [by reason of]pursuant
to the provisions of this section:

(a) An amount equal to that part of the
allocation which represents 1.25 cents of the tax per gallon must be used
exclusively for the service and redemption of revenue
bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance
and repair of county roads, and for the purchase of equipment for that [work,]
construction, maintenance and repair, under the direction of the boards of
county commissioners of the several counties, and must not be used to defray
expenses of administration; and

redemption of revenue bonds issued pursuant to chapter 373
of NRS, for the construction, maintenance and repair of county roads, and for
the purchase of equipment for that [work,]construction, maintenance and repair, under the
direction of the boards of county commissioners of the several counties, and
must not be used to defray expenses of administration; and

(b) An amount equal to that part of the
allocation which represents 2.35 cents of the tax per gallon must be allocated
pursuant to the following formula:

(1) If there are no incorporated cities
in the county, to the county; and

(2) If there is [one
or more incorporated cities]at
least one incorporated city in the county, to the county and any
incorporated cities in the county pursuant to the formula set [out]forth
for counties in subsection 1. For the purpose of applying the formula, the area
of the county excludes the area included in any incorporated city.

4. The formula computations must be made
as of July 1 of each year by the department, based on estimates which must be
furnished by the department of transportation. The determination [so] made by the department is
conclusive.

5. Each county and
incorporated city shall, not later than January 1 of each year, submit a list
to the department of transportation setting forth:

(a) Each road or street
that is maintained by the county or city; and

(b) The beginning and
ending points and the total mileage of each of those roads or streets.

Each county and incorporated city
shall, at least 10 days before the list is submitted to the department of
transportation, hold a public hearing to identify and determine the roads and
streets maintained by the county or city.

6. As used in this
section, construction, maintenance and repair includes the acquisition,
operation or use of any material, equipment or facility that is used
exclusively for the construction, maintenance or repair of a county or city
road and is necessary for the safe and efficient use of that road, including,
without limitation:

(a) Grades and regrades;

(b) Graveling, oiling,
surfacing, macadamizing and paving;

(c) Sweeping, cleaning
and sanding roads and removing snow from a road;

(m) Facilities for
personnel and the storage of equipment used to construct, maintain or repair a
county or city road.

Sec. 1.5. NRS 365.560 is
hereby amended to read as follows:

365.560 1. The receipts of
the tax [as levied in NRS 365.190 shall]levied pursuant to NRS 365.190 must be allocated
monthly by the department to the counties in which the [tax]
payment of the tax originates.

2. [Such
receipts shall]The receipts must
be apportioned between the county, towns with town boards as organized under
NRS 269.016 to 269.019, inclusive, and incorporated cities within the county
from the general road fund of the county in the same ratio as the assessed
valuation of property within the boundaries of [such]the towns or incorporated cities within the
county bears to the total assessed valuation of property within the county,
including property within the towns or incorporated cities.

3. [All
such money so]Any money
apportioned to a county [shall]pursuant to subsection 2 must be expended by the county
solely for [the]:

(a) The service
and redemption of revenue bonds issued pursuant to chapter 373 of NRS [, for the];

(b) The construction,
maintenance and repair of the public highways of the county [and for the];
and

(c) The purchase
of equipment for [such work, and shall]that construction, maintenance and repair.

The money must not be used to
defray the expenses of administration.

4. [All
such money so]Any money
apportioned to towns or incorporated cities [shall]pursuant to subsection 2 must be expended only
upon the streets, alleys and public highways of [such]the town or city, other than state highways,
under the direction and control of the governing body of the town or city.

5. As used in this
section, construction, maintenance and repair has the meaning ascribed to it
in NRS 365.550.

Sec. 1.7. NRS 366.195 is
hereby amended to read as follows:

366.195 1. In addition to
any other tax provided for in this chapter, there [shall] must be levied an excise tax on special fuel.

2. This tax [shall]must be imposed and [shall
increase up to a total of 4 cents per gallon,] will increase if the tax collected by the Federal Government,
pursuant to the provisions of 26 U.S.C. § 4041 [,
is diminished]or any other tax collected
by the Federal Government relating to special fuel is reduced or
discontinued in whole or in part. The amount of the tax so imposed by this
state [shall]must be equal to the amount by which the federal tax is
reduced.

Sec. 1.9. Chapter 373 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
10, inclusive, of this act.

Sec. 2. Acquisition or acquire means the opening, laying out,
establishment, purchase, construction, securing, installation, reconstruction,
lease, gift, grant from the United States of America, any agency,
instrumentality or corporation thereof, the State of Nevada, any body corporate
and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment,
option to purchase, other contract, or other acquirement, or any combination
thereof, of any project, or an interest therein, authorized by this chapter.

endowment, bequest, devise,
condemnation, transfer, assignment, option to purchase, other contract, or
other acquirement, or any combination thereof, of any project, or an interest
therein, authorized by this chapter.

Sec. 3. Board means the board of county commissioners.

Sec. 4. City means an incorporated city.

Sec. 5. Commission means the regional transportation commission.

Sec. 6. Cost of the project, or any phrase of similar import, means
all or any part designated by the board of the cost of any project, or interest
therein, being acquired, which cost, at the option of the board may include all
or any part of the incidental costs pertaining to the project, including,
without limitation, preliminary expenses advanced by the county from money
available for use therefor or any other source, or advanced by any city with
the approval of the county from money available therefor or from any other
source, or advanced by the State of Nevada or the Federal Government, or any
corporation, agency or instrumentality thereof, with the approval of the
county, or any combination thereof, in the making of surveys, preliminary
plans, estimates of costs, other preliminaries, the costs of appraising,
printing, estimates, advice, contracting for the services of engineers,
architects, financial consultants, attorneys at law, clerical help, other
agents or employees, the costs of making, publishing, posting, mailing and
otherwise giving any notice in connection with the project, the taking of
options, the issuance of bonds and other securities, contingencies, the
capitalization with bond proceeds of any interest on the bonds for any period
not exceeding 1 year and of any reserves for the payment of the principal of an
interest on the bonds, the filing or recordation of instruments, the costs of
medium-term obligations, construction loans and other temporary loans of not
exceeding 10 years appertaining to the project and of the incidental expenses
incurred in connection with such financing or loans, and all other expenses
necessary or desirable and appertaining to any project, as estimated or
otherwise ascertained by the board.

Sec. 7. Federal securities means bills, certificates of
indebtedness, notes, bonds or similar securities which are direct obligations
of, or the principal and interest of which securities are unconditionally
guaranteed by, the United States of America.

Sec. 8. Improvement or improve means the extension, widening,
lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or
other major improvement, or any combination thereof, of any project, or an
interest therein, authorized by this chapter. The term includes renovation,
reconditioning, patching, general maintenance and other minor repairs.

Sec. 9. Project means:

1. In a county
whose population is 35,000 or more, street and highway construction, including,
without limitation, the acquisition and improvement of any street, avenue,
boulevard, alley, highway or other public right of way used for any vehicular
traffic, and including a sidewalk designed primarily for use by pedestrians,
and also, including, without limitation, grades, regrades, gravel, oiling,
surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of
way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins,
drains, sewers, manholes, inlets, outlets, retaining walls, bridges,
overpasses, tunnels, underpasses, approaches,
sprinkling facilities, artificial lights and lighting equipment, parkways,
grade separators, traffic separators, and traffic control equipment, and all
appurtenances and incidentals, or any combination thereof, including, without
limitation, the acquisition and improvement of all types of property therefor.

approaches, sprinkling facilities,
artificial lights and lighting equipment, parkways, grade separators, traffic
separators, and traffic control equipment, and all appurtenances and
incidentals, or any combination thereof, including, without limitation, the
acquisition and improvement of all types of property therefor.

2. In a county
whose population is less than 35,000, street and highway construction,
maintenance or repair, or any combination thereof, including, without
limitation, the acquisition, maintenance, repair and improvement of any street,
avenue, boulevard, alley, highway or other public right of way used for any
vehicular traffic, and including a sidewalk designed primarily for use by
pedestrians, and also, including, without limitation, grades, regrades, gravel,
oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian
rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch
basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges,
overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial
lights and lighting equipment, parkways, grade separators, traffic separators,
and traffic control equipment, and all appurtenances and incidentals, or any
combination thereof, including, without limitation, the acquisition,
maintenance, repair and improvement of all types of property therefor.

Sec. 10. Town means an unincorporated town.

Sec. 11. NRS 373.020 is
hereby amended to read as follows:

373.020As used in this chapter,
unless the context otherwise requires [:

1. Acquisition
or acquire means the opening, laying out, establishment, purchase,
construction, securing, installation, reconstruction, lease, gift, grant from
the United States of America, any agency, instrumentality or corporation
thereof, the State of Nevada, any body corporate and politic therein, any
corporation, or any person, the endowment, bequest, devise, condemnation,
transfer, assignment, option to purchase, other contract, or other acquirement
(or any combination thereof) of any project, or an interest therein, authorized
by this chapter.

2. Board means
the board of county commissioners.

3. City means an
incorporated city.

4. Commission
means the regional transportation commission.

5. Cost of the
project, or any phrase of similar import, means all or any part designated by
the board of the cost of any project, or interest therein, being acquired,
which cost, at the option of the board may include all or any part of the
incidental costs pertaining to the project, including, without limitation,
preliminary expenses advanced by the county from money available for use
therefor or any other source, or advanced by any city with the approval of the
county from money available therefor or from any other source, or advanced by
the State of Nevada or the Federal Government, or any corporation, agency or
instrumentality thereof, with the approval of the county (or any combination
thereof), in the making of surveys, preliminary plans, estimates of costs,
other preliminaries, the costs of appraising, printing, estimates, advice,
contracting for the services of engineers, architects, financial consultants,
attorneys at law, clerical help, other agents or employees, the costs of
making, publishing, posting, mailing and otherwise giving any notice in
connection with the project, the taking of options,
the issuance of bonds and other securities, contingencies, the capitalization
with bond proceeds of any interest on the bonds for any period not exceeding 1
year and of any reserves for the payment of the principal of an interest on the
bonds, the filing or recordation of instruments, the costs of medium-term
obligations, construction loans and other temporary loans of not exceeding 10
years appertaining to the project and of the incidental expenses incurred in
connection with such financing or loans, and all other expenses necessary or
desirable and appertaining to any project, as estimated or otherwise
ascertained by the board.

options, the issuance of bonds and
other securities, contingencies, the capitalization with bond proceeds of any
interest on the bonds for any period not exceeding 1 year and of any reserves
for the payment of the principal of an interest on the bonds, the filing or
recordation of instruments, the costs of medium-term obligations, construction
loans and other temporary loans of not exceeding 10 years appertaining to the
project and of the incidental expenses incurred in connection with such financing
or loans, and all other expenses necessary or desirable and appertaining to any
project, as estimated or otherwise ascertained by the board.

6. Federal
securities means bills, certificates of indebtedness, notes, bonds or similar
securities which are direct obligations of, or the principal and interest of
which securities are unconditionally guaranteed by, the United States of
America.

7. Improvement
or improve means the extension, widening, lengthening, betterment,
alteration, reconstruction, surfacing, resurfacing or other major improvement
(or any combination thereof) of any project, or an interest therein, authorized
by this chapter. The term does not include renovation, reconditioning,
patching, general maintenance or other minor repair.

8. Project means
street and highway construction, including, without limitation, the acquisition
and improvement of any street, avenue, boulevard, alley, highway or other
public right of way used for any vehicular traffic, and including a sidewalk
designed primarily for use by pedestrians, and also including, without
limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving,
crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb
cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets,
outlets, retaining walls, bridges, overpasses, tunnels, underpasses,
approaches, sprinkling facilities, artificial lights and lighting equipment,
parkways, grade separators, traffic separators, and traffic control equipment,
and all appurtenances and incidentals, or any combination thereof, including,
without limitation, the acquisition and improvement of all types of property
therefor.

9. Town means an
unincorporated town.], the words
and terms defined in sections 2 to 10, inclusive, of this act have the meanings
ascribed to them in those sections.

Sec. 12. Chapter 377A of NRS
is hereby amended by adding thereto the provisions set forth as sections 13 to
18, inclusive, of this act.

Sec. 13. Board means the board of county commissioners.

Sec. 14. Construction, maintenance and repair includes the
acquisition, operation or use of any material, equipment or facility that is
used exclusively for the construction, maintenance or repair of a public road
and is necessary for the safe and efficient use of the public road, including,
without limitation:

1. Grades and
regrades;

2. Graveling,
oiling, surfacing, macadamizing and paving;

3. Sweeping,
cleaning and sanding roads and removing snow from a public road;

8. Artificial
lights and lighting equipment, parkways, control of vegetation and sprinkling
facilities;

9. Rights of way;

10. Grade and
traffic separators;

11. Fences, cattle
guards and other devices to control access to a public road;

12. Signs and
devices for the control of traffic; and

13. Facilities for
personnel and the storage of equipment used to construct, maintain or repair a
public road.

Secs. 15 and 16. (Deleted by
amendment.)

Sec. 17. Public transit system means a system employing any method of
conveyance that is operated for public use and transports persons within a
county.

Sec. 18. (Deleted by
amendment.)

Sec. 19. NRS 377A.010 is
hereby amended to read as follows:

377A.010 As used in this chapter, unless
the context otherwise requires [:

1. Board means
the board of county commissioners.

2. Construction
of public roads includes repair and maintenance of public roads.

3. Public roads
means paved roads which are constructed and maintained by a city or county to
which access is not limited, and other projects related to the construction and
maintenance of sidewalks, streets, avenues, boulevards, highways and other
public rights of way used primarily for vehicular traffic, including, without
limitation, overpass projects, street projects and underpass projects, as
defined in NRS 244A.037, 244A.053 and 244A.055.

4. Public transit
system means a system employing motor buses, rails or any other means of
conveyance, by whatever type of power, operated for public use in the
conveyance of persons, providing local transportation within a county.], the words and terms defined in sections 13 to 18,
inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 20. NRS 377A.020 is
hereby amended to read as follows:

377A.020 1. The board of
county commissioners of any county may enact an ordinance imposing a tax for [public mass transportation and construction]a public transit system or for the construction,
maintenance and repair of public roads , or both,
pursuant to NRS 377A.030. The board of county commissioners of any county whose
population is less than 400,000 may enact an ordinance imposing a tax to
promote tourism pursuant to NRS 377A.030.

2. An ordinance enacted pursuant to this
chapter may not become effective before a question concerning the imposition of
the tax is approved by a majority of the registered voters of the county voting
upon the question which the board may submit to the voters at any general
election. A county may combine the [question for
mass transportation and]questions for a
public transit system and for the construction, maintenance and repair of public roads with questions submitted pursuant to NRS 244.3351,
278.710, 365.203 or 371.045, or any combination thereof.

public roads with questions submitted pursuant to NRS
244.3351, 278.710, 365.203 or 371.045, or any combination thereof. The board
shall also submit to the voters at a general election any proposal to increase
the rate of the tax or change the previously approved uses for the proceeds of
the tax.

3. Any ordinance enacted pursuant to this
section must specify the date on which the tax must first be imposed or on
which an increase in the rate of the tax becomes effective, which must not be
earlier than the first day of the second calendar month following the approval
of the question by the voters.

Sec. 21. NRS 377A.030 is
hereby amended to read as follows:

377A.030 Except as otherwise provided in
NRS 377A.110, any ordinance enacted under this chapter must include provisions
in substance as follows:

1. A provision imposing a tax upon
retailers at the rate of not more than:

(a) For a tax to promote tourism, one-quarter of
1 percent; or

(b) For a tax [for
public mass transportation and construction]to establish and maintain a public transit system or for the
construction, maintenance and repair of public roads, or both, one-half of 1 percent,

of the gross receipts of any retailer from the sale of all
tangible personal property sold at retail, or stored, used or otherwise
consumed, in a county.

2. Provisions substantially identical to
those contained in chapter 374 of NRS, insofar as applicable.

3. A provision that all amendments to
chapter 374 of NRS after the date of enactment of the ordinance, not
inconsistent with this chapter, automatically become a part of an ordinance
imposing the tax for public mass transportation and construction of public
roads or the tax to promote tourism in the county.

4. A provision that the county shall
contract before the effective date of the ordinance with the department to
perform all functions incident to the administration or operation of the tax in
the county.

5. A provision that exempts from the tax
or any increase in the tax the gross receipts from the sale of, and the
storage, use or other consumption in a county of, tangible personal property
used for the performance of a written contract for the construction of an
improvement to real property, entered into on or before the effective date of
the tax or the increase in the tax, or for which a binding bid was submitted
before that date if the bid was afterward accepted, if under the terms of the
contract or bid the contract price or bid amount cannot be adjusted to reflect
the imposition of the tax or the increase in the tax.

Sec. 22. NRS 377A.070 is
hereby amended to read as follows:

377A.070 1. The county
treasurer shall deposit the money received from the state controller pursuant
to NRS 377A.050 for [public mass transportation
and construction]a public transit system
or for the construction, maintenance and repair of public roads , or both, in the county treasury for credit to a fund
to be known as the public transit fund.

2. The public transit fund must be
accounted for as a separate fund and not as a part of any other fund.

377A.080 1. In any county in
which a tax for [public mass transportation and
construction of public roads]a public
transit system or for the construction, maintenance and repair of public roads,
or both, has been imposed, the board shall by ordinance create a
regional transportation commission pursuant to chapter 373 of NRS if one has
not already been created under that chapter. Where a regional transportation
commission has already been created under that chapter, that commission may
also exercise the powers conferred by this section.

2. The regional transportation commission
may:

(a) Appropriate money in the public transit fund
accumulated by a county to provide a public transit system for that county if
the system is included in a regional transportation plan adopted by the
regional transportation commission;

(b) Appropriate money to provide transportation
or to support agencies which are providing transportation for the elderly and
persons with disabilities, if the services are consistent with the regional
transportation plan;

(c) Provide for or perform all functions
incident to the administration and operation of the public transit system,
including the establishment of fares for the system; and

(d) Adopt regulations for the operation of
systems or services provided by the commission and for systems or services
financed by the commission and provided by an agency or a private contractor.

3. The commission may draw money out of
the public transit fund only for:

(a) [Establishing
and maintaining]The establishment and
maintenance of a public transit system for the county and [supporting]for
the support of other activities, services and programs related to
transportation which are included in a regional transportation plan adopted by
the commission;

(b) [Constructing,
repairing and maintaining]The
construction, maintenance and repair of public roads;

(c) [Payment]The payment of principal and interest on notes,
bonds or other securities issued to provide funds for the cost of projects
described in paragraphs (a) and (b); or

(d) Any combination of those purposes.

Sec. 24. NRS 377A.090 is
hereby amended to read as follows:

377A.090 1. Money for the
payment of the cost of establishing and maintaining a public transit system or
for [constructing]the construction, maintenance and repair of public
roads , or both, may be obtained by the issuance
of bonds and other securities as provided in subsection 2 ,[of this section,]
or, subject to any pledges, liens and other contractual limitations made
pursuant to this chapter, may be obtained by direct distribution from the
public transit fund, or may be obtained both by the issuance of such securities
and by such direct distribution as the board may determine.

2. The board may, after the enactment of
an ordinance imposing a tax for [public mass
transportation and construction]a public
transit system or for the construction, maintenance and repair of public
roads ,or both, as
authorized by NRS 377A.020, from time to time issue bonds and other securities, which are general or special obligations of the
county and which may be secured as to principal and interest by a pledge
authorized by this chapter of the receipts from the tax for [public mass
transportation and construction] a public transit system or for the
construction, maintenance and repair of public roads [.]

securities, which are general or special obligations of the
county and which may be secured as to principal and interest by a pledge
authorized by this chapter of the receipts from the tax for [public mass transportation and construction]a public transit system or for the construction,
maintenance and repair of public roads [.], or both.

3. The ordinance authorizing the issuance
of any bond or other security must describe the purpose for which it is issued.

Sec. 25. NRS 377A.100 is
hereby amended to read as follows:

377A.100 1. Each ordinance
providing for the issuance of any bond or security issued under this chapter
payable from the receipts of the tax for [public
mass transportation and construction]a
public transit system or for the construction, maintenance and repair ofpublic roads , or both, may,
in addition to covenants and other provisions authorized in the Local
Government Securities Law, contain a covenant or other provision to pledge and
create a lien upon the receipts of the tax or upon the proceeds of any bond or
security pending their application to defray the cost of establishing or
operating a public transit system, or both tax proceeds and security proceeds,
to secure the payment of any bond or security issued under this chapter.

2. Any money pledged to the payment of
bonds or other securities pursuant to subsection 1 may be treated as pledged
revenues of the project for the purposes of subsection 3 of NRS 350.020.

Sec. 26. NRS 377A.110 is
hereby amended to read as follows:

377A.110 1. Subject to the
provisions of subsection 2, the board may gradually reduce the amount of tax
imposed pursuant to this chapter for [public mass
transportation and construction]a public
transit system or for the construction, maintenance and repair of public
roads , or both, as revenue from the operation of
the public transit system permits.

2. No such taxing ordinance may be
repealed or amended or otherwise directly or indirectly modified in such a
manner as to impair any outstanding bonds issued under this chapter, or other
obligations incurred under this chapter, until all obligations, for which
revenues from the ordinance have been pledged or otherwise made payable from
such revenues pursuant to this chapter, have been discharged in full, but the
board may at any time dissolve the regional transportation commission and
provide that no further obligations be incurred thereafter.

Sec. 27. NRS 377A.140 is
hereby amended to read as follows:

377A.140 1. Except as
otherwise provided in subsection 2, a public transit system in a county whose
population is 400,000 or more may, in addition to providing local
transportation within the county and the services described in NRS 377A.130,
provide:

(a) Programs to reduce or manage motor vehicle
traffic; and

(b) Any other services for [public mass transportation]a public transit system which are requested by the
general public,

if those additional services are included and described in a
long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

2. Before a regional transportation
commission may provide for an on-call public [mass transportation]transit system in an area of the county, the commission must receive a determination from the public service
commission of Nevada and the taxicab authority that:

commission must receive a determination from the public
service commission of Nevada and the taxicab authority that:

(a) There are no common motor carriers of
passengers who are authorized to provide on-call operations for transporting
passengers in that area; or

(b) Although there are common motor carriers of
passengers who are authorized to provide on-call operations for transporting
passengers in the area, the common motor carriers of passengers do not wish to
provide, or are not capable of providing, those operations.

3. As used in this section:

(a) Common motor carrier of passengers has the
meaning ascribed to it in NRS 706.041.

(b) On-call public [mass
transportation]transit system
means a system established to transport [by
vehicle passengers who request such transportation on demand.]passengers only upon the request of a person who needs
transportation.

Sec. 27.3. (Deleted by
amendment.)

Sec. 27.5. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 28. This act becomes
effective on July 1, 1997.

________

CHAPTER 589, AB 527

Assembly Bill No. 527Committee on Government Affairs

CHAPTER 589

AN ACT relating to public works; requiring
timely payments to certain design professionals on public works; and providing
other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 338 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. If a public
body enters into a contract with a design professional for the provision of
services in connection with a public work, the contract:

(a) Must set forth:

(1) The specific
period within which the public body must pay the design professional.

(2) The specific
period and manner in which the public body may dispute a payment or portion
thereof that the design professional alleges is due.

(3) The terms of
any penalty that will be imposed upon the public body if the public body fails
to pay the design professional within the specific period set forth in the
contract pursuant to subparagraph (1).

(4) That the
prevailing party in an action to enforce the contract is entitled to reasonable
attorneys fees and costs.

(b) May set forth the
terms of any discount that the public body will receive if the public body pays
the design professional within the specific period set forth in the contract
pursuant to subparagraph (1) of paragraph (a).

2. As used in this
section, design professional means a person with a professional license
issued pursuant to chapter 623, 623A or 625 of NRS.

AN ACT relating to motor vehicles;
providing for the issuance of special license plates that encourage the
donation of human organs; and providing other matters properly relating
thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this subsection, the department, in cooperation with the
organizations in this state which assist in the donation and procurement of
human organs, shall design, prepare and issue license plates that encourage the
donation of human organs using any colors and designs that the department deems
appropriate. The department shall not design, prepare or issue the license plates
unless it receives at least 250 applications for the issuance of those plates.

2. The department
may issue license plates that encourage the donation of human organs for any
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265 and who otherwise complies
with the requirements for registration and licensing pursuant to this chapter.
A person may request that personalized prestige license plates issued pursuant
to NRS 482.3667 be combined with license plates that encourage the donation of
human organs if that person pays the fees for the personalized prestige license
plates in addition to the fees for the license plates which encourage the
donation of human organs pursuant to subsection 3.

3. The fee for
license plates to encourage the donation of human organs is $35, in addition to
all other applicable registration and license fees and motor vehicle privilege
taxes. The license plates are renewable upon the payment of $10.

4. If, during a registration
year, the holder of license plates issued pursuant to the provisions of this
section disposes of the vehicle to which the plates are affixed, he may retain
the plates and:

(a) Affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or

(b) Within 30 days after
removing the plates from the vehicle, return them to the department.

Sec. 2. NRS 482.270 is
hereby amended to read as follows:

482.2701. Except as
otherwise provided in NRS 482.3747, 482.3775, 482.379, 482.3791, 482.3792,
482.3793, 482.3794 or 482.384, or section 1 of this act,
the director shall order the preparation of motor vehicle license plates with
no other colors than blue and silver. The director may substitute white in
place of silver when no suitable material is available.

2. The director may determine and vary
the size, shape and form and the material of which license plates are made, but
each license plate must be of sufficient size to be plainly readable from a
distance of 100 feet during daylight. All license plates must be treated to
reflect light and to be at least 100 times brighter than conventional painted
number plates. When properly mounted on an unlighted vehicle, the license
plates, when viewed from a vehicle equipped with standard headlights, must be
visible for a distance of not less than 1,500 feet and readable for a distance
of not less than 110 feet.

3. Every license plate must have
displayed upon it:

(a) The registration number, or combination of
letters and numbers, assigned to the vehicle and to the owner thereof;

(b) The name of the state, which may be
abbreviated;

(c) If issued for a calendar year, the year; and

(d) If issued for a registration period other
than a calendar year, the month and year the registration expires.

4. The letters I and Q must not be used
in the designation.

5. Except as otherwise provided in NRS
482.379, all letters and numbers must be of the same size.

________

CHAPTER 591, AB 531

Assembly Bill No. 531Assemblyman Sandoval

CHAPTER 591

AN ACT relating to geology; defining
professional geologist and science of geology; requiring that the director
of the bureau of mines and geology be a professional geologist with expertise
in the science of geology; and providing other matters properly relating
thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 514 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2, 3
and 4 of this act.

Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 3 and 4 of this act have the
meaning ascribed to them in those sections.

1. Possesses a
baccalaureate or higher degree from an accredited college or university with at
least 30 semester hours or 45 quarter hours of course work in the science of
geology and has at least 5 years of experience in the science of geology, which
may include no more than 2 years of postgraduate course work in the science of
geology;

2. Has at least 12
years of experience in the science of geology, at least 3 years of which must
have been completed under the supervision of a professional geologist; or

3. Is currently
licensed or certified as a professional geologist:

(a) In another state; or

(b) By a national
nonprofit geological organization with members in at least 10 states who are
licensed or certified,

if the requirements for his current
licensure or certification included requirements at least equal to those set
forth in either subsection 1 or 2.

Sec. 4. Science of geology means the:

1.General study of the earth, including its origin, processes
and history;

2.Collection and investigation of specimens of the constituent
rocks, minerals, fossils, solids, mineralizing fluids, gasses and other
materials of the earth that are located from the center of the core of the
earth to the surface of the earth; and

3. Application of
the knowledge set forth in subsections 1 and 2 for the benefit of the general
public and the general welfare of this state.

Sec. 5. NRS 514.030 is
hereby amended to read as follows:

514.0301. The board
of regents of the University of Nevada shall appoint as director a competent
scientist or engineer, to be known as the director of
the bureau of mines and geology, who must be a [graduate]:

(a) Graduate of a
recognized college or university with a degree in some branch of earth science
or mineral engineering [, to be known as the
director of the bureau of mines and geology.]; and

(b) Professional
geologist with expertise in the science of geology.

2. Upon the directors nomination, the
board of regents of the University of Nevada shall employ such assistants and
employees as the board deems necessary.

3. The board of regents of the University
of Nevada may also determine the compensation of all persons employed by the
bureau of mines and geology and may remove them at will.

________

κ1997
Statutes of Nevada, Page 2979κ

CHAPTER 592, AB 536

Assembly Bill No. 536Committee on Taxation

CHAPTER 592

AN ACT relating to taxation; providing an
exemption from certain sales and use taxes and from the ad valorem tax on
personal property for certain publicly displayed works of art; and providing
other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 361.068 is
hereby amended to read as follows:

361.068 1. The following
personal property is exempt from taxation:

(a) Personal property held for sale by a
merchant;

(b) Personal property held for sale by a
manufacturer;

(c) Raw materials and components held by a
manufacturer for manufacture into products, and supplies to be consumed in the
process of manufacture;

(d) Tangible personal property purchased by a
business which will be consumed during the operation of the business;

(e) Livestock;

(f) Colonies of bees;

(g) Pipe and other agricultural equipment used
to convey water for the irrigation of legal crops;

(h) All boats;

(i) Slide-in campers and camper shells; [and]

(j) Computers and related equipment donated for
use in schools in this state [.]; and

(k) Fine art for public
display.

2. A person
claiming the exemption provided for in paragraph (k) of subsection 1 shall, on
or before June 15 for the next ensuing fiscal year, file with the county
assessor an affidavit declaring that the fine art:

(a) Was purchased in an
arms length transaction for $25,000 or more, or has an appraised value of
$25,000 or more;

(b) Will be on public
display in a public or private art gallery, museum or other building or area in
this state for at least 20 hours per week during at least 35 weeks of the year
for which the exemption is claimed; and

(c) Will be available for
educational purposes.

3. As used
in this section [, boat]:

(a) Boat
includes any vessel or other watercraft, other than a seaplane, used or capable
of being used as a means of transportation on the water.

(b) Fine art for public
display means a work of art which:

(1) Is an original
painting in oil, mineral, water colors, vitreous enamel, pastel or other
medium, an original mosaic, drawing or sketch, an original sculpture of clay,
textiles, fiber, wood, metal, plastic, glass or a similar material, an original
work of mixed media or a lithograph;

(2) Was purchased
in an arms length transaction for $25,000 or more, or has an appraised value
of $25,000 or more;

(3) Is on public
display in a public or private art gallery, museum or other building or area in
this state for at least 20 hours per week during at least 35 weeks of each year
for which the exemption is claimed; and

(4) Is available
for educational purposes.

Sec. 2. Chapter 374 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. There are
exempted from the taxes imposed by this chapter the gross receipts from the
sales of, and the storage, use or other consumption in a county of, works of
fine art for public display.

2. As used in this
section, fine art for public display means a work of art which:

(a) Is an original
painting in oil, mineral, water colors, vitreous enamel, pastel or other
medium, an original mosaic, drawing or sketch, an original sculpture of clay,
textiles, fiber, wood, metal, plastic, glass or a similar material, an original
work of mixed media or a lithograph;

(b) Is purchased in an
arms length transaction for $25,000 or more, or has an appraised value of
$25,000 or more;

(c) Will be on public
display in a public or private art gallery, museum or other building or area in
this state for at least 20 hours per week during at least 35 weeks of the first
full calendar year after the date on which it is purchased; and

(d) Will be available for
educational purposes.

Sec. 3. 1. This
section and section 2 of this act become effective on July 1, 1997.

2. Section 1 of this act becomes
effective at 12:01 a.m. on July 1, 1997.

________

CHAPTER 593, AB 540

Assembly Bill No. 540Committee on Government Affairs

CHAPTER 593

AN ACT relating to public lands; expanding
the list of lands that the Colorado River commission may purchase or acquire
from the Federal Government pursuant to the Fort Mohave Valley Development Law;
repealing the Eldorado Valley Development Law; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 321.335 is
hereby amended to read as follows:

321.335 1. Except as
provided in NRS 321.125 [, 321.450]
and 321.510, after April 1, 1957, all sales of any lands that the division is
required to hold pursuant to NRS 321.001, including lands subject to contracts
of sale that have been forfeited, are governed by the provisions of this
section.

2. Whenever the state land registrar
deems it to be in the best interests of the State of Nevada that any lands
owned by the state and not used or set apart for public purposes be sold, he
may, with the approval of the state board of examiners
and the interim finance committee, cause those lands to be sold at public
auction or upon sealed bids, for cash or pursuant to contract of sale, at a
price not less than their appraised value plus the costs of appraisal and
publication of notice of sale.

board of examiners and the interim finance committee, cause
those lands to be sold at public auction or upon sealed bids, for cash or
pursuant to contract of sale, at a price not less than their appraised value
plus the costs of appraisal and publication of notice of sale.

3. Before offering any land for sale, the
state land registrar shall cause it to be appraised by a competent appraiser.

4. After receipt of the report of the
appraiser, the state land registrar shall cause a notice of sale to be
published once a week for 4 consecutive weeks in a newspaper of general
circulation published in the county where the land to be sold is situated, and
in such other newspapers as he deems appropriate. If there is no newspaper
published in the county where the land to be sold is situated, the notice must
be so published in a newspaper published in this state having a general
circulation in the county where the land is situated.

5. The notice must contain:

(a) A description of the land to be sold;

(b) A statement of the terms of sale;

(c) A statement of whether the land will be sold
at public auction or upon sealed bids to the highest bidder;

(d) If the sale is to be at public auction, the
time and place of sale; and

(e) If the sale is to be upon sealed bids, the
place where the bids will be accepted, the first and last days on which the
bids will be accepted, and the time when and place where the bids will be
opened.

6. The state land registrar may reject
any bid or offer to purchase if he deems the bid or offer to be:

(a) Contrary to the public interest.

(b) For a lesser amount than is reasonable for
the land involved.

(c) On lands which it may be more beneficial for
the state to reserve.

(d) On lands which are requested by the State of
Nevada or any department, agency or institution thereof.

7. Upon acceptance of any bid or offer
and payment to the state land registrar in accordance with the terms of sale
specified in the notice of sale, the state land registrar shall convey title by
quitclaim or cause a patent to be issued as provided in NRS 321.320 and
321.330.

8. The state land registrar may require
any person requesting that state land be sold pursuant to the provisions of
this section to deposit a sufficient amount of money to pay the costs to be
incurred by the state land registrar in acting upon the application, including
the costs of publication and the expenses of appraisal. This deposit must be
refunded whenever the person making the deposit is not the successful bidder.
The costs of acting upon the application, including the costs of publication
and the expenses of appraisal, must be borne by the successful bidder.

Sec. 2. NRS 321.500 is
hereby amended to read as follows:

321.500 1. The commission
may, on behalf of the State of Nevada, purchase or otherwise acquire from the
Federal Government all or any portion of the lands described in subsection 2,
at intervals during any period when a purchase or
acquisition may be made as provided by the Congress of the United
States, including any extension of time granted by the Secretary of the
Interior, or otherwise.

(d) Parcel 4. Fractional
sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any
unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the
Arizona-Nevada state line.

All range references in this subsection refer to Mount
Diablo base and meridian.

Sec. 3. NRS 321.536
is hereby amended to read as follows:

321.536 1. The commission
may use money in the Fort Mohave development account to purchase or otherwise
acquire lands described in NRS 321.500 and 321.534 in an amount not to exceed
$3,200,000.

2. After the allocation of money pursuant
to subsection 1, the commission may use money in the Fort Mohave development
account to administer the provisions of NRS 321.480 to 321.536, inclusive, and
any other expenditures authorized by law.

3. After the allocation of money pursuant
to subsections 1 and 2, the commission, with the concurrence of the board of
county commissioners of Clark County, shall, pursuant to NRS 353.150 to
353.246, inclusive, prepare and submit a program for the use of the remaining
money available in the Fort Mohave Valley development account to develop state
and local capital improvements. The program may include the planning, design
and construction of those improvements which develop the land in the Fort
Mohave Valley or in the service area of any general improvement district,
special district, town or city which contains all or a part of the land in the
Fort Mohave Valley, or both. If the program is approved, the commission shall
approve proper claims against the account made in conformance with the program
in a manner which ensures that any claims concerning a particular capital
improvement are approved and paid before any claims concerning another capital
improvement are approved and paid.

4. After disposition of the money in the
Fort Mohave Valley development account pursuant to subsections 1, 2 and 3, the
commission may use any remaining money to:

(a) Develop and dispose of any land described in
NRS 321.534 acquired by the commission;

(b) Purchase or otherwise acquire, develop and
dispose of any other land [, including the land
described in NRS 321.410,] which the commission is authorized to
purchase, acquire, develop or dispose of; and

(c) Perform any other acts authorized by the
legislative commission.

5. Any money:

(a) Received from the development or disposition
of the land described in NRS 321.534; or

(b) [Transferred
from the Eldorado Valley development account pursuant to subsection 2 of NRS
321.470; or

(c)] Received
from the development or disposition of any other land which the commission
acquires using money from the Fort Mohave Valley development account pursuant
to paragraph (b) of subsection 4,

must be deposited in the Fort Mohave Valley development
account.

Sec. 4. NRS 538.135 is
hereby amended to read as follows:

538.135 The director:

1. Is responsible for administering and
carrying out the policies of the commission.

2. Shall direct and supervise all the
technical and administrative activities of the commission.

3. Shall report to the commission all
relevant and important matters concerning the administration of his office. He
is subject to the supervision of the commission and is responsible, unless
otherwise provided by law, for the conduct of the administrative function of
the commissions office.

4. Shall perform any lawful act which he
considers necessary or desirable to carry out the purposes and provisions of
this chapter, [NRS 321.390 to 321.470, inclusive,]
NRS 321.480 to 321.536, inclusive, [NRS]and 538.010 to 538.251, inclusive, and any other
provisions of law relating to the powers and duties of the commission.

AN ACT relating to mobile homes; requiring
a landlord of a mobile home park to maintain driveways within the park and
sidewalks adjacent to the street; prohibiting a landlord of a mobile home park
from purchasing a mobile home within the park in certain circumstances;
requiring the manufactured housing division of the department of business and
industry to adopt regulations concerning continuing education requirements for
sellers, dealers and installers of mobile homes; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 118B.090 is
hereby amended to read as follows:

118B.090 The landlord shall:

1. Maintain all common areas of the park
in a clean and safe condition;

2. Maintain in good working order all
electrical, plumbing and sanitary facilities, appliances and recreational
facilities which he furnishes; [and]

3. Maintain in a safe and secure location
individual mail boxes for the tenants if the mail is delivered to the landlord
for distribution to the tenants [.]; and

4. Maintain all
driveways within the park and sidewalks adjacent to the street.

Sec. 2. NRS 118B.150 is
hereby amended to read as follows:

118B.150 The landlord or his agent or
employee shall not:

1. Increase rent or additional charges
unless:

(a) The [rental]rent charged after the increase is the same rent charged for mobile homes of the same size or lots
of the same size or of a similar location [or
classification] within the park, except that a discount may be
selectively given to persons who are [handicapped
or who are 62]:

(1) Handicapped;

(2) Fifty-five
years of age or older [, and any]; or

(3) Long-term
tenants of the park if the landlord has specified in the rental agreement or
lease the period of tenancy required to qualify for such a discount;

(b) Any increase
in additional charges for special services isthe same amount for each
tenant using the special service; and

[(b)](c) Written notice advising a tenant of the
increase is received by the tenant 90 days before the first payment to be
increased and written notice of the increase is given to prospective tenants
before commencement of their tenancy. In addition to the notice provided to a
tenant pursuant to this paragraph, if the landlord or his agent or employee
knows or reasonably should know that the tenant receives assistance from the
fund created pursuant to NRS 188B.215, the landlord or his agent or employee shall
provide to the administrator written notice of the increase 90 days before the
first payment to be increased.

2. Require a tenant to pay for an
improvement to the common area of a mobile home park unless the landlord is
required to make the improvement pursuant to an ordinance of a local
government.

3. Require a tenant to pay for a capital
improvement to the mobile home park unless the tenant has notice of the
requirement at the time he enters into the rental agreement. A tenant may not
be required to pay for a capital improvement after the tenant enters into the
rental agreement unless the tenant consents to it in writing or is given 60
days notice of the requirement in writing. The landlord may not establish such
a requirement unless a meeting of the tenants is held to discuss the proposal
and the landlord provides each tenant with notice of the proposal and the date,
time and place of the meeting not less than 60 days before the meeting. The
notice must include a copy of the proposal. A notice in a periodic publication
of the park does not constitute notice for the purposes of this subsection.

4. Require a tenant to pay his rent by
check or money order.

5. Require a tenant who pays his rent in
cash to apply any change to which he is entitled to the next periodic payment
that is due. The landlord or his agent or employee shall
have an adequate amount of money available to provide change to such a tenant.

or his agent or employee shall have an adequate amount of
money available to provide change to such a tenant.

6. Prohibit or require fees or deposits
for any meetings held in the parks community or recreational facility by the
tenants or occupants of any mobile home or recreational vehicle in the park to
discuss the parks affairs, or any political or social meeting sponsored by a
tenant, if the meetings are held at reasonable hours and when the facility is
not otherwise in use, or prohibit the distribution of notices of those
meetings.

7. Interrupt, with the intent to
terminate occupancy, any utility service furnished the tenant except for
nonpayment of utility charges when due. Any landlord who violates this
subsection is liable to the tenant for actual damages.

8. Prohibit a tenant from having guests,
but he may require the tenant to register the guest within 48 hours after his
arrival, Sundays and holidays excluded, and if the park is a secured park, a
guest may be required to register upon entering and leaving.

9. Charge a fee for a guest who does not
stay with the tenant for more than a total of 60 days in a calendar year. The
tenant of a mobile home lot who is living alone may allow one other person to
live in his home without paying an additional charge or fee, unless such a
living arrangement constitutes a violation of chapter 315 of NRS. No agreement
between a tenant and his guest alters or varies the terms of the rental
contract between the tenant and the landlord and the guest is subject to the
rules and regulations of the landlord.

10. Prohibit a tenant from erecting a
fence along the perimeter of the tenants lot if the fence complies with any
standards for fences established by the landlord, including limitations
established for the height of fences, the materials used for fences and the
manner in which fences are to be constructed.

11. Prohibit any tenant from soliciting
membership in any association which is formed by the tenants who live in the
park. As used in this subsection, solicit means to make an oral or written
request for membership or the payment of dues or to distribute, circulate or
post a notice for payment of those dues.

12. Prohibit a public officer or
candidate for public office from walking through the park to talk with the
tenants.

Sec. 3. NRS 118B.160 is hereby
amended to read as follows:

118B.160 The landlord or his agent or
employee shall not:

1. Deny any tenant the right to sell his
mobile home or recreational vehicle within the park or require the tenant to
remove the mobile home or recreational vehicle from the park solely on the
basis of the sale, except as otherwise provided in NRS 118B.170.

2. Prohibit any tenant desiring to sell
his mobile home or recreational vehicle within the park from advertising the
location of the home or vehicle and the name of
the mobile home park or prohibit the tenant from displaying at least one sign
of reasonable size advertising the sale of the home or vehicle.

3. Require that he be an agent of an
owner of a mobile home or recreational vehicle who desires to sell the home or vehicle.

4. Unless subleasing of lots is
prohibited by a rental agreement or lease, prohibit a tenant from subleasing
his mobile home lot if the prospective subtenant meets the general requirements
for tenancy in the park.

5. Require a tenant to make any additions
to his mobile home unless those additions are required by an ordinance of a
local government.

6. Purchase a
mobile home within the park if he has denied:

(a) A tenant the right to
sell that mobile home; or

(b) A prospective buyer
the right to purchase that mobile home.

Sec. 4. Chapter 489 of NRS
is hereby amended by adding thereto the provisions set forth as sections 5 and
6 of this act.

(a) Allow for alternative
subjects, instructors, schools and sources of programs, with consideration for
specialized areas of practice, availability and proximity of resources to the
licensees and applicants, and the time and expense required to participate in
the programs.

(2) Manufactured
housing firms and businesses such as dealers, installers, rebuilders,
servicemen, manufacturers of manufactured homes and suppliers of the various
components for constructing homes, including heating and air-conditioning
systems, material for roofing and siding, skirting, awnings and other
components;

(3) Professional
and industry-related organizations; and

(4) Other
organized educational programs concerning technical or specialized subjects,
including in-house training programs offered by an employer for his employees
and participation in meetings and conferences of industry-related organizations.

(d) Solicit advice and
assistance from persons and organizations that are knowledgeable in the
construction, sale, installation, rebuilding and servicing of manufactured
homes and the method of educating licensees.

3. The division is
not responsible for the costs of any continuing education program, but may
participate in the funding of those programs subject to legislative
appropriations.

4. As used in this
section, industry-related organizations includes, without limitation, the:

Sec. 6. If a licensee is an installer, rebuilder or serviceman of
mobile homes, the division shall not renew a license issued to that licensee
until the licensee has submitted proof satisfactory to the division that he
has, during the 2-year period immediately preceding the renewal of the license,
completed at least 8 hours of continuing education approved by the division
pursuant to section 5 of this act.

Sec. 7. The manufactured
housing division of the department of business and industry shall adopt the
regulations required by section 5 of this act no later than October 1, 1997.

Sec. 8. 1. This
section and sections 4, 5 and 7 of this act become effective upon passage and
approval.

2. Sections 1, 2 and 3 of this act become
effective on October 1, 1997.

3. Section 6 of this act becomes
effective on October 1, 1998.

________

CHAPTER 595, AB 542

Assembly Bill No. 542Assemblywoman Cegavske

CHAPTER 595

AN ACT relating to identification cards
for certain persons; authorizing the department of motor vehicles and public
safety to issue identification cards to certain persons; providing that the
address on an identification card may be changed without having to pay a fee;
requiring that the unique identification number that appears on an
identification card not be based on the holders social security number; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 483 of
NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. Upon the application of a person who is a seasonal resident of
this state, the department shall place on any identification card issued to the
person pursuant to NRS 483.810 to 483.890, inclusive:

1. A designation
indicating that the person is a seasonal resident; and

2. A statement
indicating that the person holds a valid drivers license from another state or
jurisdiction.

Sec. 3. The director shall, by regulation, define seasonal resident
as the term is used in chapters 482 and 483 of NRS.

Sec. 4. NRS 483.810 is
hereby amended to read as follows:

483.810 The legislature finds and
declares that:

1. A need exists in this state for the
creation of a system of identification

(a) Residents who are 10
years of age or older and who do not hold a valid
drivers license or identification card from any state or jurisdiction; and

(b) Seasonal residents
who are 10 years of age or older and whodo
not hold a valid Nevada drivers license.

2. To serve this purpose, official
identification cards must be prepared for issuance to those residents and seasonal residents who are 10 years of age or older
and who wish to apply for them. The cards must be
designed in such form and distributed pursuant to such controls that they will
merit the general acceptability of drivers licenses for personal
identification.

Sec. 5. NRS 483.820 is
hereby amended to read as follows:

483.820 1. [Every]A person
who makes an application pursuant to this chapter who:

(a) Is a resident
of this state and is 10 years of age or older and does not hold a valid drivers license or identification
card from any state or jurisdiction; or

(b) Is a seasonal
resident who does not hold a valid Nevada
drivers license ,[and
makes an application as provided in this chapter]

is entitled to receive an identification card.

2. The department shall charge and
collect the following fees for issuance of an original, duplicate and changed
identification card:

An original or
duplicate identification card issued to a person 65 years of age or older...................................................................................... $4

An original or
duplicate identification card issued to a person under 18 years of age......................................................................................... 3

An original or
duplicate identification card issued to any other person 9

A new photograph,
change of name, change of [address]other information, except address, or any
combination..................................... 4

3. The department shall not charge a fee
for an identification card issued to a person who has voluntarily surrendered
his drivers license pursuant to NRS 483.420.

Sec. 6. NRS 483.840 is
hereby amended to read as follows:

483.840 1. The form of the
identification cards must be similar to that of drivers licenses but
distinguishable in color or otherwise.

2. Identification cards do not authorize
the operation of any motor vehicles.

3. Identification cards must include the
following information concerning the holder:

(a) Name and sample signature of holder.

(b) The unique identification number assigned to
the holder which must not be based on the
holders social security number, if any.

(c) Personal description.

(d) Date of birth.

(e) Current address [.]in this state.

(f) A colored photograph of the holder in full
face if he is 21 years of age or older, or a colored photograph in profile if
he is under 21 years of age.

4. At the time of the issuance of the
identification card, the department shall give the holder the opportunity to
indicate on his identification card that he wishes to be a donor of all or part
of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses
to make an anatomical gift of his body or part of his body.

Sec. 7. NRS 483.850 is
hereby amended to read as follows:

483.850 1. Every application
for an identification card must be made upon a form provided by the department
and include:

(a) The applicants full name.

(b) His social security number, if any.

(c) His date of birth.

(d) His state of legal residence.

(e) His current address [.]in this state, unless the applicant is on active duty in
the military service of the United States.

(f) A statement from:

(1) A resident
stating that he does not hold a valid drivers license or identification card
from any state or jurisdiction; or

(2) A seasonal
resident stating that he does not [possess]hold a valid Nevada drivers license.

2. When the form is completed, the
applicant [shall]must sign the form and verify the contents before a
person authorized to administer oaths.

3. At the time of applying for an identification
card, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

Sec. 8. NRS 483.870 is
hereby amended to read as follows:

483.870 1. An identification
card [once]that
is issued to:

(a) A seasonal resident
remains valid so long as the person does not become licensed in Nevada to drive a motor vehicle and the facts and
circumstances declared in the application and stated in the card do not change.
An identification card must be surrendered by a seasonal
resident upon issuance of a Nevada drivers
license.

(b) A resident remains
valid so long as the person does not become licensed in any state or
jurisdiction to drive a motor vehicle and the facts and circumstances declared
in the application and stated in the card do not change. An identification card
must be surrendered by a resident upon issuance of a drivers license from any
state or jurisdiction.

2. The holder of an identification card
shall promptly report any change in the information declared in the application
and stated in the card to the department.

3. Any change occurring in the holders
address or name as the result of marriage or otherwise or any loss of an
identification card must be reported within 10 days after the occurrence to the
department.

Sec. 9. This act becomes
effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 2990κ

CHAPTER 596, AB 545

Assembly Bill No. 545Committee on Transportation

CHAPTER 596

AN ACT relating to motor carriers;
prohibiting a common motor carrier from operating or permitting the operation
of a vehicle in passenger service without a certificate of public convenience
and necessity; authorizing a law enforcement officer to tow certain vehicles
being operated without a certificate of public convenience and necessity under
certain circumstances; providing a penalty; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a) Operates a vehicle or causes it to be
operated in any carriage to which the provisions of NRS 706.011 to 706.861,
inclusive, apply without first obtaining a certificate, permit or license, or
in violation of the terms thereof;

(b) Fails to make any return or report required
by the provisions of NRS 706.011 to 706.861, inclusive, or by the commission or
the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;

(c) Violates, or procures, aids or abets the
violating of, any provision of NRS 706.011 to 706.861, inclusive;

(d) Fails to obey any order, decision or
regulation of the commission or the department;

(e) Procures, aids or abets any person in his
failure to obey such an order, decision or regulation;

(f) Advertises, solicits, proffers bids or
otherwise holds himself out to perform transportation as a common or contract
carrier in violation of any of the provisions of NRS 706.011 to 706.861,
inclusive;

(g) Advertises as providing the services of a
fully regulated carrier without including the number of his certificate of
public convenience and necessity or contract carriers permit in each
advertisement;

(h) Knowingly offers, gives, solicits or accepts
any rebate, concession or discrimination in violation of the provisions of this
chapter;

(i) Knowingly, willfully and fraudulently seeks
to evade or defeat the purposes of this chapter;

(j) Operates or causes to be operated a vehicle
which does not have the proper identifying device;

(k) Displays or causes or permits to be
displayed a certificate, permit, license or identifying device, knowing it to
be fictitious or to have been canceled, revoked, suspended or altered;

(l) Lends or knowingly permits the use of by one
not entitled thereto any certificate, permit, license or identifying device
issued to the person so lending or permitting the use thereof; or

(m) Refuses or fails to surrender to the
commission or department any certificate, permit, license or identifying device
which has been suspended, canceled or revoked pursuant to the provisions of
this chapter,

is guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than $100 nor more than $1,000, or by
imprisonment in the county jail for not more than 6 months, or by both fine and
imprisonment.

2. A person convicted of a misdemeanor
for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

(a) For the first offense by a fine of not less
than $500 nor more than $1,000;

(b) For a second offense within 12 consecutive
months and each subsequent offense by a fine of $1,000; or

(c) For any offense, by imprisonment in the
county jail for not more than 6 months, or by both the prescribed fine and
imprisonment.

3. Any person who
operates or permits the operation of a vehicle in passenger service without a
certificate of public convenience and necessity issued pursuant to NRS 706.391
is guilty of a gross misdemeanor. If a law enforcement officer witnesses a
violation of this subsection, he may cause the vehicle to be towed immediately
from the scene.

4. The
fines provided in this section are mandatory and must not be reduced under any
circumstances by the court.

[4.]5. Any bail allowed must not be less than
the appropriate fine provided for by this section.

Sec. 2. NRS 706.885 is
hereby amended to read as follows:

706.885 1. Any person who
knowingly makes or causes to be made, either directly or indirectly, a false
statement on an application, account or other statement required by the taxicab
authority or the administrator or who violates any of the provisions of NRS
706.881 to 706.885, inclusive, is guilty of a misdemeanor.

2. The taxicab authority or administrator
may at any time, for good cause shown and upon at least 5 days notice to the
grantee of any certificate or drivers permit, and after a hearing unless
waived by the grantee, penalize the grantee of a certificate to a maximum
amount of $15,000 or penalize the grantee of a drivers permit to a maximum
amount of $500 or suspend or revoke the certificate or drivers permit granted
by it or him, respectively, for:

(a) Any violation of any provision of NRS
706.881 to 706.885, inclusive, or any regulation of the taxicab authority or
administrator.

(b) Knowingly permitting or requiring any
employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any
regulation of the taxicab authority or administrator.

If a penalty is imposed on the grantee of a certificate
pursuant to this section, the taxicab authority or administrator may require
the grantee to pay the costs of the proceeding, including investigative costs
and attorneys fees.

3. When a driver or certificate holder
fails to appear at the time and place stated in the notice for the hearing, the
administrator shall enter a finding of default. Upon a finding of default, the
administrator may suspend or revoke the license, permit
or certificate of the person who failed to appear and impose the penalties
provided in this chapter.

or revoke the license, permit or certificate of the person
who failed to appear and impose the penalties provided in this chapter. For
good cause shown, the administrator may set aside a finding of default and
proceed with the hearing.

4. Any person who operates or permits a
taxicab to be operated in passenger service without a certificate of public
convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross
misdemeanor. If a law enforcement officer witnesses a
violation of this subsection, he may cause the vehicle to be towed immediately
from the scene.

5. The conviction of a person pursuant to
subsection 1 does not bar the taxicab authority or administrator from
suspending or revoking any certificate, permit or license of the person
convicted. The imposition of a fine or suspension or revocation of any
certificate, permit or license by the taxicab authority or administrator does
not operate as a defense in any proceeding brought under subsection 1.

Sec. 3. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 4. The amendatory
provisions of this act do not apply to offenses that are committed before the
effective date of this act.

Sec. 5. This act becomes
effective upon passage and approval.

________

CHAPTER 597, AB 546

Assembly Bill No. 546Committee on Transportation

CHAPTER 597

AN ACT relating to motor vehicles;
revising the provisions governing the licensing of short-term lessors of motor
vehicles; imposing additional fees on such short-term lessors; and providing
other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.323 is
hereby amended to read as follows:

482.323 1. Except as
otherwise provided in subsections 2 and 3, every vehicle dealer shall maintain
an established place of business in this state which:

(a) Includes a permanent enclosed building,
owned in fee or leased, with sufficient space to display one or more vehicles
which the dealer is licensed to sell; and

(b) Is principally used by the dealer to conduct
his business.

2. Every used vehicle dealer, trailer
dealer or semitrailer dealer shall maintain an established place of business in
this state which has:

(a) Sufficient space to display one or more
vehicles;

(b) Boundaries which are clearly marked; and

(c) A permanent enclosed building large enough
to accommodate his office and provide a safe place to keep the books and other
records of his business.

(a) Designate his
principal place of business as his established place of business [.]and each other
location where he conducts business as a branch that is operated pursuant to
the license for the principal place of business.

(b) Notify the department
of each branch at which he conducts business by filing, on forms provided by
the department, such information pertaining to each branch as required by the
department.

4. Every broker shall maintain an
established place of business in this state which is in a permanent building
with sufficient space to accommodate his office.

Sec. 2. NRS 482.327 is
hereby amended to read as follows:

482.327 1. If a vehicle
dealer ,other than a
short-term lessor, has one or more branches, he shall procure from the department
a license for each branch in addition to the license issued for his principal
place of business.

2. The department shall specify on each
license it issues:

(a) The name of the licensee;

(b) The location for which the license is
issued; and

(c) The name under which the licensee does
business at that location.

3. The department shall, by regulation,
provide for the issuance of a temporary license for a licensed dealer to
conduct business at a temporary location. Any such regulations must include the
imposition of a reasonable fee for the issuance of the temporary license.

Sec. 3. NRS 482.363 is
hereby amended to read as follows:

482.363 1. [Any person, other than an owner of a vehicle who
leases it to a carrier and operates the vehicle pursuant to that lease, or a
new or used vehicle dealer, licensed under the provisions of NRS 482.325,]Except as otherwise provided in subsection 6, a person
who engages in the leasing of vehicles in this state as a long-term orshort-term
lessor [,] shall:

(a) Secure a license from the department to
conduct the leasing business;

(b) Post a bond;

(c) Furnish the department with any other
information as may be required;

(d) Comply with the terms and conditions of this
chapter which apply to vehicle dealers; and

(e) Pay a license fee
of $125.

2. Except as
otherwise provided in subsection 6, a short-term lessor shall, in addition to
the license fee specified in subsection 1, pay a fee of $125 for each branch to
be operated pursuant to the license.

3. Any person
employed by a long-term lessor licensed under the provisions of subsection 1
who engages in the practice of arranging or selling such services, and any
person employed by a short-term lessor who sells, offers or displays for sale
or exchange vehicles which are owned by such short-term lessor shall, before
commencing operations, and annually thereafter:

(a) Secure from the department a license to act
as a salesman of such services; and

(b) Comply with the terms and conditions which
apply to salesmen of vehicles as specified in NRS 482.362.

[3.]4. Licenses issued pursuant to subsection
1 expire on December 31 of each year. Before December 31 of each year,
licensees shall furnish the department with an application for renewal of the
license accompanied by an annual renewal fee of
$50. Except as otherwise provided in subsection 6, a
short-term lessor shall, in addition to the annual renewal fee, pay an annual
fee of $50 for each branch to be operated pursuant to the license. The
renewal application must be provided by the department and must contain
information required by the department.

[4.]5.The provisions of NRS 482.352,
relating to the denial, revocation or suspension of licenses, apply to licenses
issued pursuant to the provisions of subsection 1. The provisions of NRS
482.362, relating to the denial, revocation, suspension and transfer of vehicle
salesmens licenses, apply to licenses issued pursuant to the provisions of
subsection [2.

5.]3.

6. The provisions
of subsections 1, 2 and 4 which relate to the licensing of lessors of vehicles
do not apply to:

(a) An owner of a vehicle
who leases it to a carrier and operates the vehicle pursuant to that lease; or

(b) A new or used vehicle
dealer licensed pursuant to the provisions of NRS 482.325 who engages in the
leasing of vehicles in this state as a long-term lessor.

7. As used in this section, carrier has
the meaning ascribed to it in section 3 of [this
act.]Assembly Bill No. 133 of this
session.

Sec. 4. Section 3 of this
act becomes effective at 12:01 a.m. on October 1, 1997.

________

CHAPTER 598, AB 547

Assembly Bill No. 547Committee on Government Affairs

CHAPTER 598

AN ACT relating to public works projects;
requiring the state public works board to adopt criteria and procedures to
determine the qualifications of applicants to be bidders on contracts for
public works projects of this state; requiring certain general contractors to
require certain subcontractors to provide a bond; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 339.025 is
hereby amended to read as follows:

339.025 1. Before any
contract, except one subject to the provisions of chapter 408 of NRS, exceeding
$20,000 for any project for the new construction, repair or reconstruction of
any public building or other public work or public improvement of any
contracting body is awarded to any contractor, he [must]shall furnish to the contracting body the
following bonds which become binding upon the award of the contract to the
contractor:

(a) A performance bond in an amount to be fixed
by the contracting body, but not less than 50 percent of the contract amount,
conditioned upon the faithful performance of the contract in accordance with
the plans, specifications and conditions of the contract. The bond must be
solely for the protection of the contracting body which awarded the contract.

(b) A payment bond in an amount to be fixed by
the contracting body, but not less than 50 percent of the contract amount. The
bond must be solely for the protection of claimants supplying labor or
materials to the contractor to whom the contract was awarded, or to any of his
subcontractors, in the prosecution of the work provided for in such contract.

2. If a general
contractor has been awarded a contract, except one subject to the provisions of
chapter 408 of NRS, by the state public works board for any project for new
construction, repair or reconstruction of any public building or other public
work or public improvement, each of his subcontractors who will perform work on
the contract that exceeds $50,000 or 1 percent of the proposed project,
whichever amount is greater, shall furnish a bond to the board in an amount to
be fixed by the board.

3. Each of
the bonds required pursuant to this section must
be executed by one or more surety companies authorized to do business in the
State of Nevada. If the contracting body is the State of Nevada or any officer,
employee, board, bureau, commission, department, agency or institution thereof,
the bonds must be payable to the State of Nevada. If the contracting body is
other than one of those enumerated in this subsection, the bonds must be
payable to the other contracting body.

[3.]4. Each of the bonds must be filed in the
office of the contracting body which awarded the contract for which the bonds
were given.

[4.]5. Nothing in this section prohibits a
contracting body from requiring bonds.

Sec. 2. Chapter 341 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The board shall
adopt regulations establishing the criteria and procedures for determining the
qualification of applicants to be bidders on contracts for public works
projects of this state. The board shall use the criteria and procedures to
award contracts for public works projects of this state.

2. The criteria
adopted by the board pursuant to subsection 1 must include, without limitation,
an evaluation of:

(a) The financial ability
of the applicant to provide the necessary bond for the contract;

(b) The principal
personnel of the applicant;

(c) The performance
history of the applicant concerning other recent projects completed by the
applicant in this state;

(d) Any breach of
contract of the applicant on a prior contract, other than a breach for
legitimate cause;

(e) Whether the applicant
has ever been disqualified from being awarded a contract pursuant to NRS
338.017 or 338.145; and

3. The regulations
adopted pursuant to this section must include, without limitation, a procedure
and deadlines for:

(a) Investigating an
applicant and determining whether he is qualified to bid on a contract for a
public works project of this state based on the criteria established pursuant
to this section;

(b) Notifying an
applicant of the determination of the board regarding his application; and

(c) A hearing and appeal
by an applicant whose application for qualification has been denied by the
board.

4. The board
shall, not less than 45 days before advertising for bids concerning a public
works project, notify by advertisement in a newspaper of general circulation in
this state that the contract for the public works project requires a
determination that the applicant is qualified to bid on the contract pursuant
to this section.

5. An applicant
determined to be qualified by the board pursuant to this section must apply
each year to renew his qualification in the manner provided in the regulations
adopted pursuant to this section.

6. Any information
and data pertaining to the net worth of an applicant which are gathered by or
provided to the board for a determination of qualification pursuant to this
section are confidential and not open to public inspection.

Sec. 3. This act becomes
effective upon passage and approval for the purpose of adopting the regulations
required pursuant to section 2 of this act and on October 1, 1997, for all
other purposes.

________

CHAPTER 599, AB 552

Assembly Bill No. 552Committee on Transportation

CHAPTER 599

AN ACT relating to special license plates;
revising the provisions governing the fees collected by the department of motor
vehicles and public safety for the issuance and renewal of certain special
license plates; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 482.265
is hereby amended to read as follows:

482.265 1. The department
shall furnish to every owner whose vehicle [shall
be]is registered two license
plates for a motor vehicle other than a motorcycle or power cycle, and one
license plate for all other vehicles required to be registered hereunder. Upon
renewal of registration, the department may issue one or more license plate
stickers, tabs or other suitable devices in lieu of new license plates.

2. The director shall have the authority
to require the return to the department of all number plates upon termination
of the lawful use thereof by the owner under this chapter.

3. Except as
otherwise specifically provided by statute, for the issuance of each special
license plate authorized pursuant to this chapter:

(a) The fee to be
received by the department for the initial issuance of the special license
plate is $35, exclusive of any additional fee which may be added to generate
funds for a particular cause or charitable organization;

(b) The fee to be
received by the department for the renewal of the special license plate is $10,
exclusive of any additional fee which may be added to generate financial
support for a particular cause or charitable organization; and

(c) The department shall
not design, prepare or issue a special license plate unless, within 4 years
after the date on which the measure authorizing the issuance becomes effective,
it receives at least 250 applications for the issuance of that plate.

Sec. 2. NRS
482.270 is hereby amended to read as follows:

482.270 1. Except
as otherwise provided [in NRS 482.3747, 482.3775,
482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session
and section 1 of this act, or NRS 482.384,]by specific statute, the director shall order the
preparation of motor vehicle license plates with no other colors than blue and
silver. The director may substitute white in place of silver when no suitable
material is available.

2. The director may determine and vary
the size, shape and form and the material of which license plates are made, but
each license plate must be of sufficient size to be plainly readable from a
distance of 100 feet during daylight. All license plates must be treated to
reflect light and to be at least 100 times brighter than conventional painted
number plates. When properly mounted on an unlighted vehicle, the license
plates, when viewed from a vehicle equipped with standard headlights, must be
visible for a distance of not less than 1,500 feet and readable for a distance
of not less than 110 feet.

3. Every license plate must have
displayed upon it:

(a) The registration number, or combination of
letters and numbers, assigned to the vehicle and to the owner thereof;

(b) The name of the state, which may be
abbreviated;

(c) If issued for a calendar year, the year; and

(d) If issued for a registration period other
than a calendar year, the month and year the registration expires.

4. The letters I and Q must not be used
in the designation.

5. Except as otherwise provided in NRS
482.379, all letters and numbers must be of the same size.

Sec. 3. NRS 482.3672 is
hereby amended to read as follows:

482.3672 1. An owner of a
motor vehicle who is a resident of this state and who is regularly employed or
engaged as an editor, reporter or photographer by a newspaper or television or
radio station may, upon signed application on a form prescribed and provided by
the department, accompanied by:

(a) The fee charged for personalized prestige
license plates in NRS 482.367in addition to all other required registration
fees and taxes; and

(b) A letter from the news director, editor or
publisher of the periodical or station by whom he is employed, be issued license plates upon which is inscribed PRESS with
three consecutive numbers.

be issued license plates upon which is inscribed PRESS with
three consecutive numbers.

2. Each person who is eligible for
special license plates under this section may apply for one set of plates. The
plates may be used only on a private passenger vehicle or a noncommercial
truck.

3. When a person to whom special license
plates have been issued pursuant to this section leaves the service of the
newspaper or station which has provided the letter required by subsection 1, he
shall surrender any special plates in his possession to the department and is
entitled to receive regular Nevada license plates. Surrendered plates may be
reissued or disposed of in a manner authorized by the regulations of the
department.

4. The department may adopt regulations
governing the issuance of special license plates to members of the press.

5. Special license
plates issued pursuant to this section are renewable upon the payment of $10.

Sec. 4. NRS
482.3675 is hereby amended to read as follows:

482.3675 1. An owner of a
motor vehicle who is a United States citizen or a citizen of a foreign country
residing in this state and who holds from a foreign country a letter of
appointment as an honorary consul may, upon signed application on a form
prescribed and provided by the department, accompanied by:

(a) The fee charged for personalized prestige
license plates in NRS 482.367 in addition to all other required registration
fees and taxes; and

(b) A copy of the letter of appointment from
that country,

be issued a set of license plates upon which is inscribed
CONSULAR CORPS with three consecutive numbers.

2. Each person who is eligible for
special license plates under this section may apply for one set of plates. The
plates may be used only on a private passenger vehicle or a noncommercial
truck.

3. When a person to whom special license
plates have been issued pursuant to this section loses his status as an
honorary consul, he shall surrender any special plates in his possession to the
department and is entitled to receive regular Nevada license plates.
Surrendered plates may be reissued or disposed of in a manner authorized by the
regulations of the department.

4. The department may adopt regulations
governing the issuance of special license plates to honorary consuls of foreign
countries. The department shall include on the form for application a notice to
the applicant that the issuance of such license plates does not confer any
diplomatic immunity.

5. Special license
plates issued pursuant to this section are renewable upon the payment of $10.

Sec. 5. NRS 482.375 is
hereby amended to read as follows:

482.375 1. An owner of a
motor vehicle who is a resident of the State of Nevada and who holds an
unrevoked and unexpired official amateur radio station license issued by the
Federal Communications Commission, upon application accompanied by proof of
ownership of that license, complying with the state motor vehicle laws relating
to registration and licensing of motor vehicles, and upon the payment of the
regular license fee for plates as prescribed by law, and
the payment of an additional fee of [$25,] $35, must be issued a license plate
or plates, upon which in lieu of the numbers as prescribed by law must be
inscribed the words RADIO AMATEUR and the official amateur radio call letters
of the applicant as assigned by the Federal Communications Commission.

prescribed by law, and the payment of an additional fee of [$25,]$35, must
be issued a license plate or plates, upon which in lieu of the numbers as
prescribed by law must be inscribed the words RADIO AMATEUR and the official
amateur radio call letters of the applicant as assigned by the Federal
Communications Commission. The annual fee for a renewal sticker is [$15]$10 unless
waived by the department pursuant to subsection 2. The plate or plates may be
used only on a private passenger car, trailer or travel trailer or on a
noncommercial truck.

2. The department may waive the annual
fee for a renewal sticker if the applicant for renewal:

(a) Submits with his application for renewal a
statement under penalty of perjury that he will assist in communications during
local, state and federal emergencies; and

(b) Satisfies any other requirements established
by the department by regulation for such a waiver.

3. The cost of the
die and modifications necessary for the issuance of a license plate
pursuant to this section must be paid from private sources without any expense
to the State of Nevada.

4. The department may adopt regulations:

(a) To ensure compliance with all state license
laws relating to the use and operation of a motor vehicle before issuance of
the plates in lieu of the regular Nevada license plate or plates.

(b) Setting forth the requirements and procedure
for obtaining a waiver of the annual fee for a renewal sticker.

5. All applications for the plates
authorized by this section must be made to the department.

Sec. 6. NRS 482.3755 is
hereby amended to read as follows:

482.3755 1. An owner of a
motor vehicle who is a resident of this state and is a member of the Nevada
Wing of the Civil Air Patrol may, upon application on a form prescribed and
furnished by the department, signed by the member and his commanding officer
and accompanied by proof of membership, be issued license plates upon which is
inscribed CIVIL AIR PATROL with four consecutive numbers. The fee forthe special license plates is $35, in addition to all
other applicable registration and license fees and motor vehicle privilege
taxes. The annual fee for a renewal sticker is [$15.]$10.

2. Each member may request two sets of
license plates as described in subsection 1. The second set of license plates
for an additional vehicle must have a different number than the first set of
license plates issued to the same member. The license plates may only be used
on private passenger vehicles or noncommercial trucks.

3. Any member of the Nevada Wing of the
Civil Air Patrol who retires or is honorably discharged may retain any license
plates issued to him pursuant to subsection 1. If a member is dishonorably
discharged, he shall surrender any of these special plates in his possession to
the department at least 10 days before his discharge and, in lieu of those
plates, is entitled to receive regular Nevada license plates.

482.3775 1. A person who
qualifies pursuant to this section may register one passenger car or light
commercial vehicle having a manufacturers rated carrying capacity of 1 ton or
less, for his own personal use. A veteran of the Armed Forces of the United
States who was awarded the Purple Heart is entitled to a specially designed
license plate which indicates that he is a recipient of the Purple Heart.

2. The department shall issue a specially
designed license plate for any person qualified pursuant to this section who
submits an application on a form prescribed by the department and evidence of
his status as a recipient of the Purple Heart as required by the department.
The department may designate any appropriate colors for the special plates.

3. If, during a registration year, the
holder of a special plate issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, he shall retain the
plates and:

(a) Affix them to another vehicle which meets
the requirements of this section and report the change to the department in
accordance with the procedure set forth for other transfers; or

(b) Within 30 days after removing the plates
from the vehicle, return them to the department.

4. [The fee
for the special license plate is $35, in addition to all other applicable
registration and license fees and motor vehicle privilege taxes. The annual fee
for a renewal sticker is $15.]Except as
otherwise provided in this subsection, no fee in addition to the applicable
registration and license fees and motor vehicle privilege taxes may be charged
for the issuance or renewal of special license plates issued pursuant to this
section. If the special plates issued pursuant to this section are lost,
stolen or mutilated, the owner of the vehicle may secure a set of replacement
license plates from the department for a fee of $5.

Sec. 8. NRS 482.380 is
hereby amended to read as follows:

482.380 1. The department
may issue special motor vehicle license plates from year to year to a person
who has resided in the State of Nevada for a period of 6 months preceding the
date of application for the license plates and who owns a motor vehicle which
is a model manufactured during or before 1915.

2. To administer the provisions of this
section, the department may recognize the Horseless Carriage Club of Nevada as
presently constituted as the official Horseless Carriage Club of Nevada and to
designate and appoint one member of the board of directors of the Horseless
Carriage Club of Nevada to act as and be an ex officio deputy of the department
and to perform the duties and functions prescribed by this section without
compensation, per diem allowance or travel expenses.

3. An applicant for license plates
pursuant to the provisions of this section must:

(a) Fill out and sign an application for license
plates on a form prescribed and furnished by the ex officio deputy for
licensing antique motor vehicles.

(b) Present evidence of his eligibility for
license plates by showing, to the satisfaction of the ex officio deputy,
residence in this state for 6 months preceding the date
of application and ownership of an antique motor vehicle which is a model
manufactured during or before 1915.

preceding the date of application and ownership of an
antique motor vehicle which is a model manufactured during or before 1915.

(c) Present a certificate of inspection issued
by a committee, or member thereof, appointed by the board of directors of the
Horseless Carriage Club of Nevada verifying that the antique motor vehicle is
in safe and satisfactory mechanical condition, is in good condition and state
of repair, is well equipped and is covered by a policy of insurance covering
public liability and property damage written by an insurance company qualified
to do business in this state with limits of not less than $10,000 for each
person nor less than $20,000 for each accident, and not less than $5,000 for
property damage and which otherwise meets the requirements of chapter 485 of
NRS.

(d) Exhibit a valid drivers license authorizing
the applicant to drive a motor vehicle on the highways of this state.

(e) Pay the fee prescribed by the laws of this
state for the operation of a passenger car, without regard to the weight or the
capacity for passengers.

(f) Pay such other fee as prescribed by the
board of directors of the Horseless Carriage Club of Nevada necessary to defray
all cost of manufacture, transportation and issuance of the special license
plates.

4. The ex officio deputy for licensing
antique motor vehicles shall each calendar year issue license plates, approved
by the department, for each motor vehicle owned by an applicant who meets the
requirements of subsection 3, subject to the following conditions:

(a) The license plates must be numbered and
issued consecutively each year beginning with Horseless Carriage 1.

(b) The license plates must conform, as nearly
as possible, to the color and type of license plate issued in this state for
regular passenger cars.

(c) The special license plates issued pursuant
to this section must be specified, procured, transported and issued solely at
the expense and cost of the Horseless Carriage Club of Nevada and without any
expense to the State of Nevada.

5. The ex officio deputy for licensing
antique motor vehicles shall pay quarterly to the department the prescribed fee
as provided in paragraph (e) of subsection 3. The fees so received must be
used, disbursed or deposited by the department in the same manner as provided
by law for other fees for registration and licensing. All other fees collected
to defray expenses must be retained by the board of directors of the Horseless
Carriage Club of Nevada.

6. The license plates obtained pursuant
to this section are in lieu of the license plates otherwise provided for in
this chapter and are valid for the calendar year in which they are issued.

7. The department shall charge and
collect the following fees for the issuance of these license plates, which fees
are in addition to all other license fees and motor vehicle taxes:

(a) For the first issuance ......................................................................... [$15].......... $35

482.381 1. The department
may issue special license plates and registration certificates to residents of
Nevada for any motor vehicle which is a model
manufactured more than 40 years before the date of application for registration
pursuant to this section.

482.3812 1. The department
may issue special license plates and registration certificates to residents of
Nevada for any passenger car or light commercial vehicle:

(a) Having a manufacturers rated carrying
capacity of 1 ton or less; and

(b) Manufactured not later than 1948.

2. License plates issued pursuant to this
section must be inscribed with the words STREET ROD and three or four
consecutive numbers.

3. If during a registration year, the
holder of special plates issued pursuant to this section disposes of the
vehicle to which the plates are affixed, he shall retain the plates and:

(a) Affix them to another vehicle which meets
the requirements of this section and report the change to the department in
accordance with the procedure set forth for other transfers; or

(b) Within 30 days after removing the plates
from the vehicle, return them to the department.

4. The fee for the special license plates
is $35, in addition to all other applicable registration and license fees and
motor vehicle privilege taxes. The fee for an annual renewal sticker is [$20.]$10.

Sec. 11. NRS 482.3814 is
hereby amended to read as follows:

482.3814 1. The department
may issue special license plates and registration certificates to residents of
Nevada for any passenger car or light commercial vehicle:

(a) Having a manufacturers rated carrying
capacity of 1 ton or less; and

(b) Manufactured not earlier than 1949, but at
least 20 years before the application is submitted to the department.

2. License plates issued pursuant to this
section must be inscribed with the words CLASSIC ROD and three or four
consecutive numbers.

3. If during a registration year, the
holder of special plates issued pursuant to this section disposes of the
vehicle to which the plates are affixed, he shall retain the plates and:

(a) Affix them to another vehicle which meets
the requirements of this section and report the change to the department in
accordance with the procedure set forth for other transfers; or

(b) Within 30 days after removing the plates
from the vehicle, return them to the department.

4. The fee for the special license plates
is $35, in addition to all other applicable registration and license fees and
motor vehicle privilege taxes. The fee for an annual renewal sticker is [$20.]$10.

Sec. 12. NRS
482.500 is hereby amended to read as follows:

482.500 1. Except as
otherwise provided in subsection 2, whenever upon application any duplicate or
substitute certificate of registration, decal or number plate is issued, the
following fees must be paid:

For a certificate of registration............................................................................ $5.00

For every substitute number plate
or set of plates............................................ 5.00

For every duplicate number plate or
set of plates............................................ 10.00

For every decal displaying a county
name........................................................... .50

For every other decal (license
plate sticker or tab)............................................ 5.00

2. The following fees must be paid for
any replacement plate or set of plates issued for the following special license
plates:

(a) For
any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370
to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of [this act,]Assembly
Bill No. 32 of this session and section 1 of Senate Bill No. 9 of this session,
a fee of $10.

(b) For any special plate issued pursuant to NRS
482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued
pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS
482.2703, a fee equal to that established by the director for the issuance of
those plates.

3. The fees which are paid for duplicate
number plates and decals displaying county names must be deposited with the
state treasurer for credit to the motor vehicle fund and allocated to the
department to defray the costs of duplicating the plates and manufacturing the
decals.

4. As used in this section:

(a) Duplicate number plate means a license
plate or a set of license plates issued to a registered owner which repeat the
code of a plate or set of plates previously issued to the owner to maintain his
registration using the same code.

(b) Substitute number plate means a license
plate or a set of license plates issued in place of a previously issued and
unexpired plate or set of plates. The plate or set of plates does not repeat
the code of the previously issued plate or set.

Sec. 13. Chapter 502, Statutes
of Nevada 1995, at page 1658, is hereby amended by adding thereto new
sections designated as sections 4 and 5 to read as follows:

Sec. 4. On
or before October 1, 1999, the department of motor vehicles and public safety
shall determine and publicly declare the number of applications it has received
for a license plate pursuant to section 1 of this act.

Sec. 5. The
amendatory provisions of this act expire by limitation on October 1, 1999, if
on that date the department of motor vehicles and public safety has received
fewer than 250 applications for a license plate pursuant to section 1 of this
act.

Sec. 14. Chapter 504, Statutes
of Nevada 1995, at page 1662, is hereby amended by adding thereto new
sections designated as sections 4 and 5 to read as follows:

Sec. 4. On
or before October 1, 1999, the department of motor vehicles and public safety
shall determine and publicly declare the number of applications it has received
for a license plate pursuant to section 1 of this act.

Sec. 5. The
amendatory provisions of this act expire by limitation on October 1, 1999, if
on that date the department of motor vehicles and public safety has received
fewer than 250 applications for a license plate pursuant to section 1 of this
act.

Sec. 15. Chapter 505, Statutes
of Nevada 1995, at page 1664, is hereby amended by adding thereto new
sections designated as sections 5 and 6 to read as follows:

Sec. 5. On
or before October 1, 1999, the department of motor vehicles and public safety
shall determine and publicly declare the number of applications it has received
for a license plate pursuant to section 1 of this act.

Sec. 6. The
amendatory provisions of this act expire by limitation on October 1, 1999, if
on that date the department of motor vehicles and public safety has received
fewer than 250 applications for a license plate pursuant to section 1 of this
act.

Sec. 16. Chapter 506, Statutes
of Nevada 1995, at page 1667, is hereby amended by adding thereto new
sections designated as sections 3 and 4 to read as follows:

Sec. 3. On
or before October 1, 1999, the department of motor vehicles and public safety
shall determine and publicly declare the number of applications it has received
for a license plate pursuant to subsection 1 of section 1 of this act.

Sec. 4. The
amendatory provisions of this act expire by limitation on October 1, 1999, if
on that date the department of motor vehicles and public safety has received
fewer than 250 applications for a license plate pursuant to subsection 1 of
section 1 of this act.

Sec. 17. Section
1 of Assembly Bill No. 32 of this session is hereby amended to read as
follows:

Section 1. Chapter
482 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as
otherwise provided in this section, the department, in cooperation with the
Grand Lodge of Free and Accepted Masons of the State of Nevada, shall design, prepare
and issue license plates that indicate affiliation with the Grand Lodge of Free
and Accepted Masons using any colors and designs which the department deems
appropriate. The department shall not design, prepare or issue the license
plates unless it receives at least 250 applications for the issuance of those
plates.

2. The
department shall issue license plates that indicate affiliation with the Grand
Lodge of Free and Accepted Masons for a passenger car or a light commercial
vehicle upon application by a person who is entitled to license plates pursuant
to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter.

complies with the requirements for
registration and licensing pursuant to this chapter. A person may request that
personalized prestige license plates issued pursuant to NRS 482.3667 be
combined with license plates that indicate affiliation with the Grand Lodge of Free
and Accepted Masons if that person pays the fees for the personalized prestige
license plates in addition to the fees for the license plates that indicate
affiliation with the Grand Lodge of Free and Accepted Masons.

3. An
application for the issuance or renewal of license plates that indicate
affiliation with the Grand Lodge of Free and Accepted Masons is void unless it
has been stamped or otherwise validated by the Grand Lodge of Free and Accepted
Masons. The Grand Lodge of Free and Accepted Masons may charge a fee for
validating an application.

4. The fee
payable to the department for license plates that indicate affiliation with the
Grand Lodge of Free and Accepted Masons is $35, in addition to all other
applicable registration and license fees and motor vehicle privilege taxes. The
license plates are renewable upon the payment to the department of [$20]$10
in addition to all other applicable registration and license fees and motor
vehicle privilege taxes.

5. If, during a
registration year, the holder of license plates issued pursuant to the provisions
of this section disposes of the vehicle to which the plates are affixed, he may
retain the plates and:

(a) Affix them to
another vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set out in this chapter; or

(b) Within 30 days
after removing the plates from the vehicle, return them to the department.

6. For the
purposes of this section, Grand Lodge of Free and Accepted Masons means the
Grand Lodge of Free and Accepted Masons of the State of Nevada, or its
successor, and any recognized sister jurisdiction or organization of the Grand
Lodge of Free and Accepted Masons.

Sec. 18. Assembly
Bill No. 529 of this session is hereby amended by adding thereto a new
section to be designated as section 3, immediately following section 2, to read
as follows:

Sec. 3. The
amendatory provisions of this act expire by limitation on October 1, 2001, if
on that date the department of motor vehicles and public safety has received
fewer than 250 applications for the issuance of a license plate pursuant to
section 1 of this act.

Sec. 19. Section
1 of Assembly Bill No. 590 of this session is hereby amended to read as
follows:

Section 1. Chapter
482 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
department shall, using any colors and designs that the department deems
appropriate, design, prepare and issue license plates which indicate combined
support for the Juvenile Diabetes Foundation International and the Sickle Cell
Disease Association of America. The department shall not
design, prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates.

department shall not design,
prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates.

2. The
department shall issue license plates that indicate combined support for the
Juvenile Diabetes Foundation International and the Sickle Cell Disease
Association of America for a passenger car or a light commercial vehicle upon
application by a person who is entitled to license plates pursuant to NRS
482.265 and who otherwise complies with the requirements for registration and
licensing pursuant to this chapter. A person may request that personalized
prestige license plates issued pursuant to NRS 482.3667 be combined with
license plates that indicate support for the Juvenile Diabetes Foundation
International and the Sickle Cell Disease Association of America if that person
pays the fees for the personalized prestige license plates in addition to the
fees for the license plates that indicate combined support for the Juvenile
Diabetes Foundation International and the Sickle Cell Disease Association of
America.

3. The fee for
license plates that indicate combined support for the Juvenile Diabetes
Foundation International and the Sickle Cell Disease Association of America is
$35, in addition to all other applicable registration and license fees and
motor vehicle privilege taxes. The license plates are renewable upon the
payment of [$20.]$10.

4. In addition
to all fees for the license, registration and privilege taxes, a person who
requests a set of license plates that indicate support for the Juvenile
Diabetes Foundation International and the Sickle Cell Disease Association of
America must pay for the initial issuance of the plates an additional fee of
$20.

5. The
department shall distribute each fee collected pursuant to subsection 4 to the
Nevada chapter of the Juvenile Diabetes Foundation International or to the
Sickle Cell Disease Association of America in accordance with the preference
expressed by the person at the time the fees are paid.

6. If, during a
registration year, the holder of license plates issued pursuant to the
provisions of this section disposes of the vehicle to which the plates are
affixed, he may retain the plates and:

(a) Affix them to
another vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or

(b) Within 30 days
after removing the plates from the vehicle, return them to the department.

Sec. 20. Section
1 of Senate Bill No. 457 of this session is hereby amended to read as
follows:

Section 1. Chapter
482 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
department shall, in cooperation with the Nevada commission on sports and using
any colors and designs that the department deems appropriate, design, prepare
and issue license plates which indicate status as a hall of fame athlete. The
design of the license plates must include the words hall of fame.

2. The
department shall issue license plates that indicate status as a hall of fame
athlete for a passenger car or a light commercial vehicle upon application by a
person who is entitled to license plates pursuant to NRS 482.265 and who
otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be combined with license plates
that indicate status as a hall of fame athlete if that person pays the fees for
the personalized prestige license plates in addition to the fees for the
license plates that indicate status as a hall of fame athlete.

3. An
application for the issuance or renewal of license plates that indicate status
as a hall of fame athlete is void unless it is accompanied by documentation
which, in the determination of the department, provides reasonable proof of
identity and status as a hall of fame athlete.

4. The fee for
license plates that indicate status as a hall of fame athlete must be:

(a) Established by the
department in an amount sufficient to reimburse the department for the cost of
designing, manufacturing and stamping the plates.

(b) In addition to all
other applicable registration and license fees and motor vehicle privilege
taxes.

The license plates are renewable
upon the payment to the department of [$20]$10 in addition to all other applicable
registration and license fees and motor vehicle privilege taxes.

5. If, during a
registration year, the holder of license plates issued pursuant to the
provisions of this section disposes of the vehicle to which the plates are
affixed, he may retain the plates and:

(a) Affix them to
another vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or

(b) Within 30 days
after removing the plates from the vehicle, return them to the department.

6. As used in
this section, hall of fame athlete means a current or former professional
athlete who has been inducted into a hall of fame pertaining to the sport in
which the athlete participates or participated professionally, including, but
not limited to:

(a) The National
Baseball Hall of Fame, located in Cooperstown, New York.

(b) The Basketball
Hall of Fame, located in Springfield, Massachusetts.

(c) The Pro Football
Hall of Fame, located in Canton, Ohio.

(d) The Hockey Hall of
Fame, located in Toronto, Ontario, Canada.

(e) The National
Soccer Hall of Fame, located in Oneonta, New York.

(f) The International
Tennis Hall of Fame, located in Newport, Rhode Island.

AN ACT making an appropriation to the
Clark County School District for the continuation of the pilot program for the
instruction of pupils whose primary language is not English; and providing
other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Clark County School District
the sum of $200,000 for the continuation of the pilot program for the
instruction of pupils whose primary language is not English.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1999, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval or on June 30, 1997, whichever occurs
earlier.

________

κ1997
Statutes of Nevada, Page 3009κ

CHAPTER 601, AB 570

Assembly Bill No. 570Committee on Infrastructure

CHAPTER 601

AN ACT relating to governmental services;
providing for the creation of maintenance districts or units of assessment for
the maintenance of landscaping, security walls and public lighting; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 278 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
7, inclusive, of this act.

Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 3, 4 and 5
of this act have the meanings ascribed to them in those sections.

Sec. 3. Landscaping means trees, shrubs, grass and other
ornamentation, whether natural or artificial, and includes drainage necessary
for the maintenance thereof.

Sec. 4. Public lighting means works or improvements useful in
lighting a street, sidewalk or other place used for a public purpose.

Sec. 5. Security wall has the meaning ascribed to it in NRS 271.203.

Sec. 6. 1. A person who proposes to divide land for
transfer or development into four or more lots pursuant to NRS 278.360 to
278.460, inclusive, or chapter 278A of NRS, may, in lieu of providing for the
creation of an association for a common-interest community, request the
governing body of the jurisdiction in which the land is located to assume the
maintenance of one or more of the following improvements located on the land:

(a) Landscaping;

(b) Public lighting; and

(c) Security walls.

2. A request made
pursuant to subsection 1 must be made in the form of a petition signed by a
majority of the owners whose property will be assessed pursuant to subsection 4
and must set forth descriptions of all tracts of land that would be subject to
such an assessment.

3. Upon receipt of
the petition, the governing body shall determine the desirability of assuming
the maintenance of the proposed improvements. If the governing body determines
that it would be desirable to assume the maintenance of the improvements, the
governing body shall by ordinance:

(a) Create a maintenance
district or unit of assessment consisting of the tracts of land set forth in
the petition.

(b) Establish the method
for determining the amount of an assessment for the cost of the maintenance
assumed by the governing body and the time and manner of payment of the
assessment.

(c) Provide that the
assessment constitutes a lien upon the tracts of land or residential units
thereon. The lien must be executed, and has the same priority, as a lien for
property taxes.

(e) Determine the amount
by which the public interest will benefit from the provision of the maintenance
and allocate to the cost of providing the maintenance the appropriate amount of
public money to pay for that part of the maintenance which creates the public
benefit.

(f) Address any other
matters that the governing body determines to be relevant to the maintenance of
the improvements.

4. The provisions
of this section apply retroactively to a development with respect to which:

(a) An agreement or
agreements between the owners of tracts of land within the development and the
developer allow for the provision of services in the manner set forth in this
section; or

(b) All of the owners of
affected tracts of land agree in writing to be bound by the provisions of this
section.

Sec. 7. 1. If a person who proposes to divide land for
transfer or development into four or more lots pursuant to NRS 278.360 to
278.460, inclusive, or chapter 278A of NRS, decides to provide for the
maintenance of landscaping, public lighting or security walls, or any
combination thereof, through an association for a common-interest community,
the governing body of the jurisdiction in which the land is located may, as a
condition of the approval of any final map related to the proposal for the
transfer or development of the land, require the association to adopt a plan
for the maintenance of the improvements located on the land. The plan must
include the proposed level of maintenance to be provided.

2. If the
association fails to maintain the improvements in the manner set forth in the
plan, the governing body may serve written notice upon the association, setting
forth the manner in which the association has failed to maintain the
improvements. The notice must:

(a) Include a demand that
the deficiencies of maintenance be cured within 30 days after receipt of the
notice; and

(b) State the date, time
and place of a hearing to be held regarding the deficiencies of maintenance.
The hearing must be held within 14 days after the receipt of the notice.

The governing body shall provide to
each owner of an affected tract of land a copy of the notice served upon the
association pursuant to this subsection.

3. At a hearing
conducted pursuant to this section, the governing body may:

(a) Modify the terms of
the original notice served pursuant to subsection 2; and

(b) Provide an extension
of time within which the deficiencies of maintenance may be cured.

4. If the
deficiencies in maintenance are not cured within 30 days after the receipt of
the notice or any extension of time provided pursuant to subsection 3, the
governing body or its authorized agent may:

(a) Enter the land on
which the improvements are located and maintain the improvements for a period of
not more than 1 year; and

(b) Assess the affected
tracts of land to recover the cost of the maintenance.

5. Entry and
maintenance authorized pursuant to subsection 4 does not authorize a member of
the public to use the improvements unless the land on which the improvements are located has been dedicated to and
accepted by the governing body.

on which the improvements are located
has been dedicated to and accepted by the governing body.

6. Before the
expiration of the period of maintenance required pursuant to subsection 4, the
local government, on its own motion or upon request of the association, shall
hold a public hearing at which the owners of the affected tracts of land and
the association may show cause why the governing body or its authorized agent
need not continue to maintain the improvements that are located on the affected
tracts of land.

7. After a hearing
conducted pursuant to subsection 6, the governing body shall determine whether
the association is ready and able to maintain the improvements that are located
on the affected tracts of land in the manner required by the plan. If the
governing body determines that the association is ready and able to maintain
the improvements, the governing body shall cease its maintenance of the
affected tracts of land at the end of the period. If the governing body
determines that the association is not ready and able to maintain the
improvements, the governing body may continue the maintenance of the
improvements located on the affected tracts of land during the next succeeding
year, subject to a similar hearing and determination in each year thereafter.

8. Any decision
made by the governing body pursuant to this section constitutes a final
decision for the purpose of judicial review.

Sec. 8. This act becomes
effective upon passage and approval.

________

CHAPTER 602, AB 576

Assembly Bill No. 576Committee on Government Affairs

CHAPTER 602

AN ACT relating to state securities;
allowing certain agencies authorized to issue bonds to delegate the authority
to sign contracts or accept binding bids for bonds to the state treasurer under
certain circumstances; transferring certain duties relating to the issuance and
redemption of state securities from the state board of examiners to the state
board of finance; repealing certain requirements relating to the public sale of
state securities; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 349 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The commission
may, before any sale of bonds, delegate to the treasurer the authority to sign
a contract for the purchase of the bonds or to accept a binding bid for the
bonds subject to the requirements specified by the commission concerning:

(a) The rate of interest
on the bonds;

(b) The dates on which
and the prices at which the bonds may be called for redemption before maturity;

(d) The principal amount
of the bonds and the amount of principal maturing in any particular year.

2. All terms of
the bonds other than:

(a) The rate of interest;

(b) The dates and prices
for the redemption of the bonds;

(c) The price for the
sale of the bonds;

(d) The principal amount
of the bonds; and

(e) The requirements for
the principal maturing in particular years,

must be approved by the commission
before the bonds are delivered.

3. The final rate
of interest, dates and prices of redemption, price for the sale of the bonds,
principal amount and the requirements for the principal amount maturing in
particular years are not required to be approved by the commission if each of
those terms complies with the requirements specified by the commission before
the contract for the purchase of the bonds is signed or the bid for the bonds
is accepted.

Sec. 2. NRS 349.150 is
hereby amended to read as follows:

349.150 NRS
349.150 to 349.364, inclusive, [and]
section 13 of [this act]Senate Bill No. 473 of this session and section 1 of this act may
be cited as the State Securities Law.

Sec. 3. NRS 349.270 is
hereby amended to read as follows:

349.2701. [Subject]If
securities are sold publicly and subject to the right of the commission
to reject any and all bids, the securities [shall]must be sold to the responsible bidder making the
best bid.

2. If there are two or more equal bids
for the securities and such equal bids are the best bids received and not less
than the principal amount of the securities and accrued interest, except for
any permitted discount, the commission shall determine which bid [shall]must
be accepted.

Sec. 4. NRS 350A.030 is
hereby amended to read as follows:

350A.030 Board means the state
board of [examiners.]finance.

Sec. 5. NRS 233C.225 is
hereby amended to read as follows:

233C.225 1. The
commission for cultural affairs shall determine annually the total amount of
financial assistance it will grant in that calendar year pursuant to NRS
233C.200 to 233C.230, inclusive. The commission shall notify the state board of
examiners and the state board of finance of the
total amount to be granted. In no case may the amount to be granted exceed
$2,000,000 per year.

2. After receiving the notice given
pursuant to subsection 1, the state board of [examiners]finance shall issue general obligation bonds of
the State of Nevada in the amount necessary to generate the amount to be
granted by the commission and to pay the expenses related to the issuance of
the bonds. The expenses related to the issuance of bonds pursuant to this
section must be paid from the proceeds of the bonds, and must not exceed 2
percent of the face amount of the bonds sold. No public debt is created, within
the meaning of section 3 of article 9 of the constitution of the State of
Nevada, until the issuance of the bonds.

3. The proceeds from the sale of the
bonds authorized by this section, after deducting the expenses relating to the
issuance of the bonds, must be deposited with the state treasurer and credited
to the fund for the preservation and promotion of cultural resources.

4. The provisions of the State Securities
Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant
to this section.

5. The amount of financial assistance
granted pursuant to this section must not exceed $20,000,000 in any 10-year
period. The total face amount of the bonds issued pursuant to this section must
not exceed the sum of:

(a) The amount of financial assistance granted
pursuant to this section; and

(b) The amount necessary to pay the expenses
related to the issuance of the bonds, which must not exceed 2 percent of the
face amount of the bonds sold.

Sec. 6. NRS 408.273 is hereby
amended to read as follows:

408.273 The state board of [examiners]finance
shall, when so requested by the board of directors of the department of
transportation, issue special obligation bonds of the State of Nevada to
provide money to enable the department of transportation to complete pending
and currently projected highway construction projects, in an amount specified
in the request. The bonds may be issued at one time or from time to time, and
must be issued in accordance with the State Securities Law. These bonds must be
secured by a pledge of the appropriate federal highway grants payable to the
state and by taxes which are credited to the state highway fund, and must
mature within not more than 10 years from their date.

Sec. 7. NRS 445A.155 is
hereby amended to read as follows:

445A.155 1. The director
may, with the approval of the department of administration, authorize the state
treasurer to issue, sell or deliver general obligation bonds of the state or
revenue bonds if viable to support the purposes of the account.

2. If the director authorizes the
issuance of those bonds, the state treasurer may:

(a) Sue and be sued to establish or enforce any
right arising out of a project receiving financial assistance or of any state
securities issued pursuant to this authorization;

(b) Acquire and hold municipal securities, and
exercise all of the rights of holders of those securities;

(c) Sell or otherwise dispose of municipal
securities and assets acquired in connection with those securities, unless
limited by any agreement which relates to the securities;

(d) Make contracts and execute all necessary or
convenient instruments;

(e) Accept grants of money from the Federal
Government, the state, any agency or political subdivision, or any other
person;

(f) Adopt regulations relating to projects
receiving financial assistance and the administration of those projects;

(g) Employ for himself or for any municipality
or interstate agency, any necessary legal, fiscal, engineering and other expert
services in connection with projects receiving financial assistance and with
the authorization, sale and issuance of state securities and municipal
securities;

(h) Enter into agreements and arrangements
consistent with NRS 445A.060 to 445A.160, inclusive, concerning the issuance of
state securities and the purchase of municipal securities; and

(i) Undertake other matters which he determines
to be necessary or desirable to accomplish the purposes of NRS 445A.060 to
445A.160, inclusive.

3. Before any bonds are issued pursuant
to this section, the state board of [examiners]finance must certify that sufficient revenue will
be available in the account to pay the interest and installments of principal
as they become due.

4. The money in the account that is
available for the payment of the interest and installments of principal on the
bonds must be pledged as the primary source for the payment of the bonds. The
full faith and credit of the state may be pledged.

Section 1. 1. At
the general election to be held in the State of Nevada in 1996, there must be
submitted to the voters of the state, in the manner prescribed by chapter 349
of NRS, a proposal to issue general obligation bonds of the state to provide
grants to local governments and the department of transportation to carry out
projects for the control of erosion and the restoration of natural watercourses
in the Lake Tahoe Basin in an amount of not more than $20,000,000.

2. If the
proposal is carried, the state board of [examiners]finance shall issue general obligation bonds of
the State of Nevada in a total face amount of not more than $20,000,000. The
bonds may be issued at one time or from time to time. The expenses related to
the issuance of bonds pursuant to this section must be paid from the proceeds
of the bonds, and must not exceed 2 percent of the face amount of the bonds
sold.

3. The
provisions of the State Securities Law, contained in chapter 349 of NRS, apply to
the issuance of bonds pursuant to this section.

Sec. 11. The
state board of [examiners]finance shall issue general obligation bonds of the
State of Nevada in the face amount of not more than $79,207,558 for the
following capital improvements summarized in this section. This amount is
allocated to projects numbered and described in the executive budget for the
fiscal years 1995-1996 and 1996-1997 or otherwise described as follows:

Sec. 23. The
state board of [examiners,]finance, in its capacity as the general obligation bond
commission and to the extent that money is available, shall pay the expenses
related to the issuance of general obligation bonds approved by the 68th
session of the Nevada legislature from the proceeds of those bonds.

Sec. 12. Section 6 of this
act becomes effective at 12:01 a.m. on October 1, 1997.

________

κ1997
Statutes of Nevada, Page 3016κ

CHAPTER 603, AB 578

Assembly Bill No. 578Committee on Commerce

CHAPTER 603

AN ACT relating to insurance; authorizing
the commissioner of insurance to assess a fee for returned checks; prohibiting
an insurer from transacting insurance in this state as a corporation,
limited-liability company, limited partnership or limited-liability
partnership; providing that an insurer need not offer, provide or make
available uninsured or underinsured vehicle coverage in certain circumstances;
prohibiting the appropriation, diversion or conversion of the assets of an
insurer for personal use; revising the schedule of fees and charges of the
division of insurance of the department of business and industry; revising
provisions governing contracts of reinsurance ceded to assuming insurers;
prohibiting a manager for reinsurance from ceding certain retrocessions on
behalf of a reinsurer; requiring certain insurers to report information
concerning their risk-based capital; prohibiting the cancellation, refusal to
renew or increase of premiums for the renewal of certain policies of automobile
liability insurance under certain circumstances; authorizing the issuance of
limited licenses for adjusters; revising eligibility requirements for certain
insurance licenses; prohibiting an insurance licensee knowingly to permit
certain persons to transact insurance in this state; providing an
administrative penalty for transacting insurance without a license; providing
civil immunity to the commissioner of insurance and other persons in certain
circumstances; revising the eligibility requirements for surplus lines brokers;
revising provisions governing the liquidation of an insurer; prohibiting the
secretary of state from accepting articles of incorporation and amendments
thereto of unauthorized insurers; making various other changes relating to the
regulation of insurance; making technical changes; providing penalties; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 679B
of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.

Sec. 2. The division may charge a person a fee adopted by regulation
by the commissioner for each check returned to the division because the person
had insufficient money or credit with the drawee to pay the check or because
the person stopped payment on the check.

Sec. 3. 1. The commissioner shall deliver to the
secretary of state a copy of an order of the commissioner or of the district
court prohibiting an insurer from transacting insurance in this state as a
corporation, limited-liability company, limited partnership or
limited-liability partnership.

2. Upon receiving
the order, the secretary of state shall nullify the charter of the corporation
or limited-liability company or the certificate of the limited partnership or
limited-liability partnership.

3. The secretary
of state shall not accept for filing a document with the same name as a
corporation, limited-liability company, limited partnership or
limited-liability partnership whose charter or certificate has been nullified.

Sec. 4. 1. An officer, director, employee or agent of a
domestic or foreign insurer who has the duty or power of investing or handling
the money or assets of the insurer located in this state is a fiduciary of that
money or those assets.

money or those assets. Such an
officer, director, employee or agent shall not appropriate, divert or convert
to his own use such money or assets.

2. A person who
violates subsection 1 is guilty of embezzlement and, in addition to any other
penalty provided by law, shall be punished in accordance with NRS 205.300.

Sec. 5. NRS 679B.185 is
hereby amended to read as follows:

679B.185 1. If any person
willfully engages in the unauthorized transaction of insurance, the
commissioner may impose an administrative fine of not more than $10,000 for
each act or violation.

2. An administrative fine imposed
pursuant to this section is in addition to any other administrative fine or
penalty provided for in this Title, except a fine or penalty imposed pursuant
to NRS 686A.183, 686A.187, 696B.500 or 696B.520.

3. If the administrative fine is not paid
when due, the fine must be recovered in a civil action brought by the attorney
general on behalf of the commissioner.

4. Except as
otherwise provided by specific statute, the commissioner shall commence a
proceeding to impose an administrative fine pursuant to subsection 1 not later
than 5 years after the date on which the act or violation occurred.

Sec. 6. NRS 680A.180 is
hereby amended to read as follows:

680A.180 1. A certificate of
authority continues in force as long as the insurer is entitled thereto under
this code, and until suspended or revoked by the commissioner or terminated at
the insurers request, if, each year, the insurer:

(a) Pays on or before March 1 the continuation
fee provided in NRS 680B.010;

(b) Files its annual statement for the next
preceding calendar year as required by NRS 680A.270; and

(c) Pays, if required, the premium taxes for the
preceding calendar year.

2. If not so continued by the insurer,
its certificate of authority expires at midnight on the May 31 next following
such failure of the insurer to continue it in force, unless earlier revoked for
failure to pay taxes as provided in NRS 680A.190. The commissioner shall
promptly notify the insurer of the occurrence of any failure resulting in the
impending expiration of its certificate of authority.

3. The commissioner may, upon the
insurers request made within 3 months after expiration, reinstate a
certificate of authority which the insurer has inadvertently permitted to
expire, after the insurer has fully cured all its failures which resulted in
the expiration, and upon payment by the insurer of the fee for reinstatement
specified in [paragraph (c) of]
subsection 1 of NRS 680B.010. Otherwise , the
insurer may be granted another certificate of authority only after filing an
application therefor and meeting all other requirements for an original
certificate of authority in this state.

Sec. 7. NRS 680B.010 is
hereby amended to read as follows:

680B.010 The commissioner shall collect
in advance and receipt for, and persons so served [must]shall pay to the commissioner, fees and
miscellaneous charges as follows:

(e) Registration of
additional title pursuant to NRS 680A.240............. 50

(f) Annual
renewal of the registration of additional title pursuant
to NRS 680A.240 25

2. Charter
documents, other than those filed with application for certificate of
authority. Filing amendments to articles of incorporation, charter, bylaws,
power of attorney and other constituent documents of the insurer, each document $10

17. For
copies of the insurance laws of Nevada, a fee which is not less than the cost
of producing the copies.

18. Certified
copies of certificates of authority and licenses issued pursuant to the
insurance code.................................................................................................... $10

19. For
copies and amendments of documents on file in the division, a reasonable charge
fixed by the commissioner, including charges for duplicating or amending the
forms and for certifying the copies and affixing the official seal.

20. Letter
of clearance for an agent or broker................................ [$5]$10

21. Certificate
of status as a licensed agent or broker.................. [$5]$10

(a) Initial
registration and review of an application............................... $2,450

(b) Each annual
continuation of a certificate of registration................ 2,450

33. Required
filing of forms:

(a) For rates and
policies............................................................................ $25

(b) For riders and
endorsements............................................................... 10

Sec. 8. NRS 681A.230 is
hereby amended to read as follows:

681A.230 1. Credit
must be allowed as an asset or as a deduction from liability to any ceding
insurer for reinsurance lawfully ceded to an assuming insurer qualified
therefor [under]pursuant to NRS 681A.110, 681A.150, 681A.160, 681A.170,
681A.180 or 681A.190, but no such credit may be allowed unless the contract for reinsurance [is
payable by the assuming insurer on the basis of the liability of the ceding
insurer under the contracts reinsured without diminution because of insolvency
of the ceding insurer.]provides in
substance that, in the event of the insolvency of the ceding insurer, the
reinsurance is payable pursuant to a contract reinsured by the assuming insurer
on the basis of reported claims allowed in any liquidation proceedings, subject
to court approval, without diminution because of the insolvency of the ceding
insurer. Such payments must be made directly to the ceding insurer or to its
domiciliary liquidator unless:

(a) The contract of
reinsurance or other written contract specifically designates another payee of
the payments in the event of the insolvency of the ceding insurer; or

(b) The assuming insurer,
with the consent of the persons directly insured, has assumed the obligations
from the policies issued by the ceding insurer as
direct obligations of the assuming insurer, and in substitution for the
obligations of the ceding insurer, to the payees under those policies.

insurer as direct obligations of the
assuming insurer, and in substitution for the obligations of the ceding
insurer, to the payees under those policies.

2. The domiciliary
liquidator of an insolvent ceding insurer shall give written notice to the
assuming insurer of the pendency of any claim against the ceding insurer on any
contract reinsured within a reasonable time after such a claim is filed in the
liquidation proceeding. During the pendency of the claim, the assuming insurer
may investigate the claim and, at its own expense, interpose in the proceeding
in which the claim is to be adjudicated any defense that the assuming insurer
deems available to the ceding insurer or its liquidator.

Sec. 9. NRS 681A.430 is
hereby amended to read as follows:

681A.430 1. The commissioner
may issue a license to act as an intermediary to any person who has complied
with the requirements of NRS 681A.250 to 681A.580, inclusive [.], and who
submits a written application for a license to act as an intermediary and the
appropriate fee set forth in NRS 680B.010. A license issued to a firm or
association authorizes all the members of the firm or association and any
designated employees to act as intermediaries. All those persons must be named
in the application and any supplements thereto. A license issued to a
corporation authorizes all of the officers and any designated employees and
directors of the corporation to act as intermediaries on behalf of the corporation.
All those persons must be named in the application and in any supplements
thereto.

2. If an applicant for a license to act
as an intermediary is a nonresident, he shall:

(a) Designate the commissioner as agent for
service of process;

(b) Furnish the commissioner with the name and
address of a resident of Nevada upon whom notices or orders of the commissioner
or process affecting the nonresident reinsurance intermediary may be served;
and

(c) Promptly notify the commissioner in writing
of every change in his designated agent for service of process. The change is
not effective until acknowledged by the commissioner.

Sec. 10. NRS 681A.540 is
hereby amended to read as follows:

681A.540 A manager for reinsurance shall
not:

1. Except as otherwise provided in this
section, [bind]cede retrocessions on behalf of the reinsurer. A
manager for reinsurance may [bind]cede facultative retrocessions pursuant to facultative
agreements if the contract with the reinsurer contains guidelines for
underwriting the retrocessions. The guidelines must include a list of
reinsurers with which automatic agreements are in effect, and for each
reinsurer, the coverages and amounts or percentages that may be reinsured, and
commission schedules.

2. Commit the reinsurer to participate in
syndicates for reinsurance.

3. Appoint any producer without verifying
that the producer is licensed to transact the type of reinsurance for which he
is appointed.

4. Without approval of the reinsurer, pay
or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the
lesser of an amount specified by the reinsurer or 1 percent of the
policyholders surplus of the reinsurer as of December 31 of the last complete
calendar year.

5. Collect any payment from a
retrocessionaire or commit the reinsurer to any settlement of a claim with a
retrocessionaire, without the approval of the reinsurer. If approval is given,
the manager for reinsurance shall promptly forward a report to the reinsurer.

6. Employ a person who is employed by the
reinsurer unless the manager for reinsurance is under common control with the
reinsurer within the meaning of chapter 692C of NRS.

7. Appoint another person to act as a
manager for reinsurance.

Sec. 11. NRS 681A.570 is
hereby amended to read as follows:

681A.570 1. If the
commissioner believes that the reinsurance intermediary or any other person has
not materially complied with NRS 681A.250 to 681A.560, inclusive, or any
regulation adopted or order issued pursuant thereto, the commissioner may,
after a hearing conducted in accordance with NRS 679B.310 to 679B.370,
inclusive, order:

(a) For each separate violation, the payment of
a penalty in an amount not exceeding $5,000; and

(b) The revocation or suspension of the license
of the reinsurance intermediary.

2. If the commissioner finds that the material noncompliance of the reinsurance intermediary
has caused the insurer or reinsurer any loss or
damage, the commissioner may initiate a civil action against the intermediary
on behalf of the insurer or reinsurer and the
policyholders and creditors of the insurer or reinsurer to recover
compensatory damages or other appropriate relief [.]for the benefit of the insurer or reinsurer and the
policyholders and creditors.

3. If an order of rehabilitation or
liquidation of the insurer has been entered and the receiver appointed by that
order determines that:

(a) The reinsurance intermediary or any other
person has not materially complied with NRS 681A.250 to 681A.560, inclusive, or
any regulation adopted or order issued pursuant thereto; and

(b) The insurer has suffered any loss or damage
as a result of that noncompliance,

the receiver may bring a civil action for the recovery of
damages or for any other appropriate sanctions on behalf of the insurer.

Sec. 12. Chapter 681B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. On or before
March 1 of each year, each domestic insurer, and each foreign insurer domiciled
in a state which does not have requirements for reporting risk-based capital,
that transacts property, casualty, life or health insurance in this state shall
prepare and submit to the commissioner, and to each person designated by the
commissioner, a report of the level of the risk-based capital of the insurer as
of the end of the immediately preceding calendar year. The report must be in
such form and contain such information as required by the regulations adopted
by the commissioner pursuant to this section.

2. The
commissioner shall adopt regulations concerning the amount of risk-based
capital required to be maintained by each insurer licensed to do business in
this state that is transacting property, casualty, life or health insurance in
this state. The regulations must be consistent with the instructions for reporting risk-based capital adopted by the
National Association of Insurance Commissioners, as those instructions existed
on January 1, 1997.

instructions for reporting risk-based
capital adopted by the National Association of Insurance Commissioners, as
those instructions existed on January 1, 1997. If the instructions are amended,
the commissioner may amend the regulations to maintain consistency with the
instructions if he determines that the amended instructions are appropriate for
use in this state.

Sec. 13. NRS 681B.240 is
hereby amended to read as follows:

681B.240 1. Every opinion
must:

(a) Be submitted with the annual statement
reflecting the valuation of reserve liabilities for each year ending on or [before]after
December 31, 1996.

(b) Apply to all business in force , including individual and group health insurance
plans, in form and substance acceptable to the commissioner as specified by
regulation.

(c) Be based on standards adopted from time to
time by the Actuarial Standards Board or a successor organization approved by
the commissioner and on such additional standards as the commissioner may by
regulation prescribe.

2. In the case of an opinion required to
be submitted by a foreign or alien company, the commissioner may accept the
opinion filed by that company with the commissioner of insurance of another
state if he determines that the opinion reasonably meets the requirements
applicable to an insurer domiciled in this state.

Sec. 14. Chapter 683A of NRS
is hereby amended by adding thereto a new section to read as follows:

A person licensed to transact
insurance in this state shall not knowingly permit any other person whose
license to transact insurance in this state has been revoked or suspended to
transact insurance or in any manner participate in the transaction of insurance
in this state.

Sec. 15. NRS 683A.090 is
hereby amended to read as follows:

683A.090 1. [No]A
person shall not in this state be, act as or hold
himself out to be, with respect to subjects of insurance resident, located or
to be performed in this state or elsewhere, an agent, broker or solicitor
unless licensed as such under this code. [No]A managing general agent, whether or not located
in this state, shall not be or act as such with
respect to the business of an insurer in this state unless licensed as such
under this code.

2. [No]An agent, broker or solicitor shall not take an application for, procure or place for
others any kind of insurance as to which he is not then so licensed.

3. Except as otherwise
provided in NRS 683A.440 [(]concerning the sharing of commissions [), no], an
agent shall not place any insurance with any
insurer as to which he does not then hold a license and an appointment as agent
under this code.

4. A person who
acts as an agent, broker or solicitor in this state without a license may be
assessed an administrative fine of not more than $1,000 for each violation.

5. In
addition to or in lieu of any applicable denial, suspension or revocation of
license or administrative fine, any person violating this section is guilty of
a misdemeanor.

Sec. 16. NRS 683A.130 is
hereby amended to read as follows:

683A.130 1. For the
protection of the people of this state, the commissioner shall not issue,
continue or permit to exist any agents, brokers or solicitors license except
in compliance with this chapter. Any natural person for whom such a license is
issued, continued or permitted to exist must:

(a) Be a bona fide resident of, and reside
within, this state. This paragraph does not apply to:

(1) An agent brought into this state by
an insurer to replace an agent disabled, deceased or dismissed.

(2) A licensed nonresident agent or
nonresident broker of this state who otherwise qualifies for a license and is
licensed as a resident within 60 days after he becomes a bona fide resident of
this state. This subparagraph does not otherwise apply to nonresident agents
and nonresident brokers.

(3) A licensed resident agent or resident
broker during the 60 days next following the date he establishes his residence
in another state.

(b) Be at least 18 years of age.

(c) If he applies for or holds an agents
license, have been appointed an agent by an authorized insurer, subject to the
issuance of the license.

(d) If he applies for or holds a solicitors
license, be the bona fide employee of a licensed resident agent or a licensed
resident broker as a solicitor, or be so employed subject to the issuance of the
license.

(e) If he applies for or holds a brokers
license, have had experience for at least 1 year as an agent, solicitor,
managing general agent, adjuster, insurers underwriter or broker or have had
other special experience, education or training, all of sufficient content and
duration reasonably necessary for competence in fulfilling the responsibilities
of a broker.

(f) Be competent, trustworthy and financially
responsible.

(g) Pass each examination required for the
license pursuant to this chapter.

(h) Successfully complete each course of
instruction which the commissioner requires by regulation.

(i) Not have been
convicted of, or entered a plea of guilty or nolo contendere to, forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud or any crime involving moral turpitude.

2. The commissioner shall not
differentiate between persons entitled to act as agents on the basis that the
persons are engaged in other businesses to which the insurance agency is
incidental or supplemental.

3. The commissioner may require
applicants for licensing to pay, in addition to the fee required by NRS
683A.150, a fee of $15 for deposit in the insurance recovery account created by
NRS 679B.305.

4. A conviction
of, or a plea of guilty or nolo contendere to, any crime listed in paragraph
(i) of subsection 1 is a sufficient ground for the denial of a license to the
applicant.

683A.230 1. The license must
state the name and address of the licensee, the date of issue, general
conditions relative to expiration or termination, the kind or kinds of
insurance, if applicable, covered by the license, and such other information
and conditions as the commissioner may deem proper and consistent with law.

2. The license of an agent or managing
general agent must not specify the name of any particular insurer or
underwriters department by which the licensee is appointed, [except as provided in subsection 4 as to limited
licenses,] and the licensee may represent as an agent or managing
general agent, under the [one]
license, as many insurers or underwriters departments as may appoint him
therefor in accordance with this chapter.

3. The license of a solicitor must show
also the name and address of the agent or broker who employs him.

[4. Each
limited license issued under NRS 683A.260 must show also the name of the
insurer so represented, and a separate license is required for each represented
insurer.]

Sec. 18. NRS 683A.450 is
hereby amended to read as follows:

683A.450 1. In addition to
any other authority conferred upon him by the provisions of this chapter, the
commissioner may suspend for not more than 12 months, or may revoke, limit or
refuse to continue , any license issued pursuant
to this chapter or any surplus lines brokers license if, after notice to the
licensee, each insurer the licensee represents as an agent or managing general
agent and each person by whom the licensee is employed as a solicitor, and upon
a hearing, unless the hearing is waived pursuant to NRS 683A.460, [he]the
commissioner finds that as to the licensee any one or more of the
following causes exist:

(a) For any cause for which issuance of the
license could have been refused had it then existed and been known to the
commissioner.

(b) For willful violation of or willful
noncompliance with any applicable provision of this code, or for willful
violation of any lawful rule, regulation or order of the commissioner.

(c) For an intentional material misstatement in
an application for a license or in connection therewith.

(d) For obtaining or attempting to obtain any
such license by fraud or willful misrepresentation.

(e) For misappropriation or conversion to his
own use, or illegal withholding, of money belonging to policyholders, insurers,
beneficiaries or others and received in the conduct of business under the
license.

(f) For a material misrepresentation of the
terms of any existing or proposed insurance contract.

(g) If , in the
conduct of his affairs under the license , the
licensee has used fraudulent, coercive or dishonest practices, or has shown
himself to be incompetent, untrustworthy, financially irresponsible or a source
of injury and loss to the public.

(h) For aiding, abetting or assisting another
person to violate any of the provisions of this code.

(a) Revoke the license of any licensed resident
agent or resident broker who establishes his residence in another state, 60
days after the establishment of [such]that residence.

(b) Immediately revoke the license of any
licensee [convicted by final judgment of a felony]who has been convicted of, or entered a plea of guilty
or nolo contendere to, forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud or any crime involving
moral turpitude.

3. If a licensee changes his address
without written notice to the commissioner [,]
and the commissioner after diligent effort is unable to locate the licensee,
the commissioner may revoke the license without a hearing. If the commissioner
mails a letter by certified mail, with return receipt requested, addressed to
the licensee at his address last of record with the division, and the letter is
returned to the commissioner undelivered, such mailing shall be deemed an
adequate effort by the commissioner to locate the licensee.

4. The license of a firm or corporation
may be suspended, revoked or refused also for any of such causes as relate to
any natural person designated in or registered as to the license to exercise
its powers.

5. In addition to or in lieu of
suspension, revocation or refusal to continue [any
such]a license for any of the
causes specified in subsection 1, the commissioner may impose an administrative
fine upon the licensee of not less than $25 or more than $500 [.]for each
violation. The order levying the fine must specify the date, not less
than 15 days or more than 30 days after the date of the order, before which the
fine must be paid. Upon failure of the licensee to pay the fine when due, the
commissioner shall immediately revoke the licenses of the licensee and the fine
must be recovered in a civil action brought in behalf of the commissioner by
the attorney general. The commissioner shall immediately deposit all such fines
collected with the state treasurer.

Sec. 18.5. Chapter 684A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The
commissioner may issue a limited license to an adjuster licensed in an
adjoining state who has contracted with a domestic insurer that has its
principal place of business in this state to adjust and pay claims on business
written in this state. A limited license issued pursuant to this section is valid
for 3 years or the term of the contract between the adjuster and domestic
insurer, whichever is shorter.

2. An adjuster who
holds a limited license issued pursuant to this section may adjust claims in
this state only pursuant to his contract with the domestic insurer.

3. A domestic
insurer who contracts with an adjuster to whom a limited license has been
issued pursuant to this section shall maintain in its principal place of
business in this state the records of its closed files upon which the adjuster
worked.

4. Notwithstanding
the provisions of NRS 684A.170, an adjuster who is issued a limited license
pursuant to this section is not required to maintain an office or place of
business in this state.

684A.070 1. For
the protection of the people of this state, the commissioner may not issue or
continue any license as an adjuster except in compliance with the provisions of
this chapter. Any individual for whom a license is issued or continued must:

[1.](a) Be at least [21]18 years of age;

[2. Be]

(b) Except as otherwise
provided in subsection 2, be a bona fide resident of this state [, and have resided therein for at least 90 days prior
to his application for the license. The commissioner may, in his discretion,
waive this residence requirement as to:

(a) An adjuster
theretofore licensed under the laws of another state and brought to Nevada by
an employer firm or corporation licensed as an adjuster in this state to fill a
vacancy in the firm or corporation in this state; or

(b) An adjuster licensed
in an adjoining state whose principal place of business is located within 50
miles of the boundary of this state;

3.];

(c) Be competent,
trustworthy, financially responsible and of good reputation;

(e) Have had at
least 2 years recent experience with respect to handling of loss claims of
sufficient character reasonably to enable him to fulfill the responsibilities
of an adjuster;

[6. Pass
successfully]

(f) Pass all
examinations required under this chapter; and

[7.](g) Not be concurrently licensed as an agent,
broker, solicitor or surplus lines broker, except as a bail bondsman.

2. The
commissioner may, in his discretion, waive the residency requirement set forth
in paragraph (b) of subsection 1 if the applicant is:

(a) An adjuster licensed
under the laws of another state who has been brought to this state by an
employer firm or corporation licensed as an adjuster in this state to fill a
vacancy in the firm or corporation in this state;

(b) An adjuster licensed
in an adjoining state whose principal place of business is located within 50
miles from the boundary of this state; or

(c) An adjuster who is
applying for a limited license pursuant to section 18.5 of this act.

3. A conviction
of, or plea of guilty or nolo contendere by, an applicant or licensee for any
crime listed in paragraph (d) of subsection 1 is a sufficient ground for the
commissioner to deny a license to the applicant, or to suspend, revoke or limit
the license of an adjuster pursuant to NRS 684A.210.

Sec. 20. Chapter 685A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The
commissioner, the division and employees of the division, and any nonprofit
organization of surplus lines brokers formed pursuant to NRS 685A.075 and its members, officers, committee members, agents
and employees are not liable in a civil action for any act performed in good
faith and within the scope of their duties or the exercise of their authority
pursuant to this chapter.

685A.075 and its members, officers,
committee members, agents and employees are not liable in a civil action for
any act performed in good faith and within the scope of their duties or the
exercise of their authority pursuant to this chapter.

(a) Any investigation
conducted by a nonprofit organization of surplus lines brokers formed pursuant
to NRS 685A.075; and

(b) Any communications
between such an organization and the commissioner and other appropriate
authorities pursuant to this chapter.

3. The immunities
and privileges provided by this section do not affect:

(a) The availability of
any other immunities or privileges otherwise provided by law; or

(b) Any rights of hearing
and review otherwise provided in this chapter.

Sec. 21. NRS 685A.070 is
hereby amended to read as follows:

685A.070 1. A broker shall
not knowingly place surplus lines insurance with an insurer which is unsound
financially or ineligible pursuant to this section.

2. No insurer is eligible for the
acceptance of surplus lines risks pursuant to this chapter unless it has
surplus as to policyholders [not less]
in an amount of not less than
$5,000,000 and, if an alien insurer, unless it has and maintains in a bank or
trust company which is a member of the United States Federal Reserve System a
trust fund established pursuant to terms reasonably adequate for the protection
of all of its policyholders in the United States [of
America] in an amount of not less than $1,500,000. Such a trust
fund must not have an expiration date which is at any time less than 5 years in
the future, on a continuing basis. In the case of:

(a) A group of insurers which includes
individual unincorporated insurers, such a trust fund must [be] not be less
than $100,000,000.

(b) A group of incorporated insurers under
common administration, such a trust fund must not be less than $100,000,000.
The group of incorporated insurers must:

(1) Operate under the supervision of the
Department of Trade and Industry of the United Kingdom;

(2) Possess aggregate policyholders
surplus of $10,000,000,000, which must consist of money in trust in an amount
not less than the assuming insurers liabilities attributable to insurance
written in the United States; and

(3) Maintain a joint trusteed surplus of
which $100,000,000 must be held jointly for the benefit of United States ceding
insurers of any member of the group.

(c) An insurance exchange created by the laws of
a state, such a trust fund must not be less than $50,000,000. If an insurance
exchange maintains money for the protection of all policyholders, each
syndicate shall maintain minimum capital and surplus [or
the substantial equivalent thereof,] of not less than [$3,000,000. If the insurance exchange does not
maintain money for the protection of all policyholders, each syndicate must
meet the minimum capital and surplus requirements stated in paragraph (a).]$5,000,000 and must qualify separately to be eligible
for the acceptance of surplus lines risks pursuant to this chapter.

The commissioner may require larger trust funds than those
set forth in this section if, in his judgment, the volume of business being
transacted or proposed to be transacted warrants larger amounts.

3. No insurer is eligible to write
surplus lines of insurance unless it has established a reputation for financial
integrity and satisfactory practices in underwriting and handling claims. In
addition, a foreign insurer must be authorized in the state of its domicile to
write the kinds of insurance which it intends to write in Nevada.

4. The commissioner may from time to time
compile or approve a list of all surplus lines insurers deemed by him to be
eligible currently, and may mail a copy of the list to each broker at his
office last of record with the commissioner. To be placed on the list, a
surplus lines insurer must file an application with the commissioner. The
application must be accompanied by a nonrefundable fee of $2,450. This
subsection does not require the commissioner to determine the actual financial
condition or claims practices of any unauthorized insurer. The status of
eligibility, if granted by the commissioner, indicates only that the insurer
appears to be sound financially and to have satisfactory claims practices, and
that the commissioner has no credible evidence to the contrary. While any such
list is in effect, the broker shall restrict to the insurers so listed all
surplus lines business placed by him.

Sec. 22. NRS 685B.035 is
hereby amended to read as follows:

685B.035 1. If the
commissioner has reason to believe that an insurer has committed or engaged in,
is committing or engaging in, or is about to commit or engage in any practice,
transaction or act prohibited by NRS 685B.030, he may:

(a) Apply to the district court for injunctive
relief pursuant to NRS 685B.040 and for an order imposing an administrative
fine pursuant to NRS 685B.080;

(b) Issue a statement of charges and a notice of
an administrative hearing to be held before the commissioner on those charges
and serve the statement and notice upon the person so charged; or

(c) Issue a cease and desist order if the
commissioner deems, in his discretion, that the insurers conduct is injurious
to the rights and interests of the public or policyholders in this state and
that emergency action is imperatively required. If the commissioner issues a
cease and desist order pursuant to this paragraph, he shall hold a hearing
within 30 days after a request by the insurer in accordance with the provisions
of NRS 679B.310.

2. Any statement of charges and notice of
an administrative hearing pursuant to this section must be:

(a) Issued as provided in NRS 679B.320; and

(b) Served personally or by certified or
registered mail.

3. After the commissioner conducts a
hearing pursuant to this section, he shall issue an order pursuant to NRS
679B.360. If the commissioner determines that the person being charged has
engaged in a practice prohibited by this Title, the commissioner:

(a) Shall order the person to cease and desist
from that practice;

(b) May order the person to pay an
administrative fine pursuant to NRS 685B.080; and

(c) Shall order the person to pay premium taxes
at the same rate of tax as imposed by law on the premiums of similar coverages
written by authorized insurers. If the person fails to pay premium taxes on or
before March 1 of the year in which the taxes are due, the person is liable for
the penalties set forth in NRS 685A.190.

4. The commissioner may modify or set
aside, in whole or in part, any order issued by him pursuant to this section,
but any such action must be made before the expiration of the time for taking
an appeal or before the official record of the proceeding has been filed with
the court.

5. An order issued pursuant to this
section:

(a) May be reviewed pursuant to NRS 679B.370.

(b) Becomes final:

(1) Upon the expiration of the time for
taking an appeal, if no petition for judicial review has been filed; or

(2) Upon the final decision of the court.

6. If a person violates an order issued
pursuant to this section, the commissioner may, after notice and a hearing,
impose an administrative fine of not more than $5,000 for each violation.

7. The commissioner shall not, sooner
than 1 year after the date on which an order pursuant to this section has been
issued, grant an authorization as a surplus lines insurer or issue any license
pursuant to this Title [57
of NRS] to the violator.

8. Except as otherwise provided by specific
statute, the commissioner shall commence a proceeding pursuant to this section
against a person for committing AN ACT of unauthorized insurance not later than
5 years after the date on which the act occurred.

Sec. 22.2. Chapter 687B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. An insurer
offering an umbrella policy to an individual shall obtain a signed disclosure
statement from the individual indicating whether the umbrella policy includes
uninsured or underinsured vehicle coverage.

2. The disclosure
statement must be on a form provided by the commissioner or in substantially
the following form:

UMBRELLA POLICY DISCLOSURE STATEMENT

UNINSURED/UNDERINSURED VEHICLE COVERAGE

c Your Umbrella
Policy does provide coverage in excess of the limits of the
uninsured/underinsured vehicle coverage in your primary auto insurance only if
the requirements for the uninsured/underinsured vehicle coverage in your
underlying auto insurance are maintained. The minimum uninsured/underinsured
vehicle coverage in your umbrella insurance policy is $ . The limits of the
uninsured/underinsured vehicle coverage in your primary auto insurance policy
are $ . .

3. As used in this
section, umbrella policy means a policy that protects a person against losses
in excess of the underlying amount required to be covered by other policies.

Sec. 22.4. NRS 687B.145 is
hereby amended to read as follows:

687B.145 1. Any policy of
insurance or endorsement providing coverage under the provisions of NRS 690B.020
or other policy of casualty insurance may provide that if the insured has
coverage available to him under more than one policy or provision of coverage,
any recovery or benefits may equal but not exceed the higher of the applicable
limits of the respective coverages, and the recovery or benefits must be
prorated between the applicable coverages in the proportion that their
respective limits bear to the aggregate of their limits. Any provision which
limits benefits pursuant to this section must be in clear language and be
prominently displayed in the policy, binder or endorsement. Any limiting
provision is void if the named insured has purchased separate coverage on the
same risk and has paid a premium calculated for full reimbursement under that coverage.

2. [Insurance]Except as otherwise provided in subsection 5, insurance companies
transacting motor vehicle insurance in this state must offer, on a form
approved by the commissioner, uninsured and underinsured vehicle coverage in an
amount equal to the limits of coverage for bodily injury sold to an insured
under a policy of insurance covering the use of a passenger car. The insurer is
not required to reoffer the coverage to the insured in any replacement,
reinstatement, substitute or amended policy, but the insured may purchase the
coverage by requesting it in writing from the insurer. Each renewal must
include a copy of the form offering such coverage. Uninsured and underinsured
vehicle coverage must include a provision which enables the insured to recover
up to the limits of his own coverage any amount of damages for bodily injury
from his insurer which he is legally entitled to recover from the owner or
operator of the other vehicle to the extent that those damages exceed the
limits of the coverage for bodily injury carried by that owner or operator.

3. An insurance company transacting motor
vehicle insurance in this state must offer an insured under a policy covering
the use of a passenger car, the option of purchasing coverage in an amount of at
least $1,000 for the payment of reasonable and necessary medical expenses
resulting from an accident. The offer must be made on a form approved by the
commissioner. The insurer is not required to reoffer the coverage to the
insured in any replacement, reinstatement, substitute or amended policy, but
the insured may purchase the coverage by requesting it in writing from the
insurer. Each renewal must include a copy of the form offering such coverage.

4. An insurer who makes a payment to an
injured person on account of underinsured vehicle coverage as described in
subsection 2 is not entitled to subrogation against the underinsured motorist
who is liable for damages to the injured payee. This subsection does not affect
the right or remedy of an insurer under subsection 5 of NRS 690B.020 with
respect to uninsured vehicle coverage. As used in this subsection, damages means
the amount for which the underinsured motorist is alleged to be liable to the
claimant in excess of the limits of bodily injury coverage set by the
underinsured motorists policy of casualty insurance.

5. An insurer need
not offer, provide or make available uninsured or underinsured vehicle coverage
in connection with a general commercial liability policy, an excess policy, an
umbrella policy or other policy that does not provide primary motor vehicle
insurance for liabilities arising out of the ownership, maintenance, operation
or use of a specifically insured motor vehicle.

6. As used
in this section [passenger]:

(a) Excess policy means
a policy that protects a person against loss in excess of a stated amount or in
excess of coverage provided pursuant to another insurance contract.

(b) Passenger
car has the meaning ascribed to it in NRS 482.087.

(c) Umbrella policy
means a policy that protects a person against losses in excess of the
underlying amount required to be covered by other policies.

Sec. 22.5. NRS 687B.385 is
hereby amended to read as follows:

687B.385An insurer shall not
cancel, refuse to renew or increase the premium for renewal of a policy of [casualty or property]motor vehicle insurance covering
private passenger cars or commercial vehicles as a result of any claims
made under the policy with respect to which the insured was not at fault.

Sec. 23. Chapter 688B of NRS
is hereby amended by adding thereto a new section to read as follows:

An insurer shall pay the proceeds
of any benefits under a group life insurance policy not more than 30 days after
the death of the insured. If the proceeds are not paid within this period, the
insurer shall pay interest on the proceeds, at a rate that is not less than the
current rate of interest on death proceeds on deposit with the insurer, from
the date of death of the insured to the date when the proceeds are paid.

Sec. 24. NRS 689.235 is
hereby amended to read as follows:

689.235 1. To qualify for an
agents license, the applicant [must:

(a) File]:

(a) Must file a
written application with the commissioner on forms [furnished]prescribed by the commissioner; [and

(b) Have]

(b) Must have a
good business and personal reputation [.]; and

(c) Must not have been
convicted of, or entered a plea of guilty or nolo contendere to, forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud or any crime involving moral turpitude.

(a) Contain information concerning the
applicants identity, address ,[and] personal background and business,
professional or work history.

(b) Contain such other pertinent information as
the commissioner may require.

(c) Be accompanied by a complete set of his
fingerprints and written permission authorizing the commissioner to forward
those fingerprints to the Federal Bureau of Investigation for its report.

(d) Be accompanied by a fee representing the
amount charged by the Federal Bureau of Investigation for processing the
fingerprints of the applicant.

(e) Be accompanied by the applicable fee
established in NRS 680B.010, which is not refundable.

3. A conviction
of, or plea of guilty or nolo contendere by, an applicant or licensee for any
crime listed in paragraph (c) of subsection 1 is a sufficient ground for the
commissioner to deny a license to the applicant, or to suspend or revoke the
agents license pursuant to NRS 689.265.

Sec. 25. NRS 689.520 is
hereby amended to read as follows:

689.5201. To qualify
for an agents license, the applicant [must have
a good business and personal reputation and must]:

(a) Must file a
written application with the commissioner on forms [furnished]prescribed by the commissioner [.]; and

(b) Must not have been
convicted of, or entered a plea of guilty or nolo contendere to, forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud or any crime involving moral turpitude.

2. The application must:

(a) Contain information concerning the
applicants identity, address, personal background and business, professional
or work history.

(b) Contain such other pertinent information as
the commissioner may require.

(c) Be accompanied by a complete set of
fingerprints and written permission authorizing the commissioner to forward
those fingerprints to the Federal Bureau of Investigation for its report.

(d) Be accompanied by a fee representing the
amount charged by the Federal Bureau of Investigation for processing the
fingerprints of the applicant.

(e) Be accompanied by the applicable fee
established in NRS 680B.010, which is not refundable.

3. A conviction
of, or plea of guilty or nolo contendere by, an applicant or licensee for any
crime listed in paragraph (b) of subsection 1 is a sufficient ground for the
commissioner to deny a license to the applicant, or to suspend or revoke the
agents license pursuant to NRS 689.535.

Sec. 26. NRS 692A.105 is
hereby amended to read as follows:

692A.105 1. The commissioner
may refuse to license any title agent or escrow officer or may suspend or
revoke any license or impose a fine of not more than $500 for each violation by
entering an order to that effect, with his findings in respect thereto, if upon
a hearing, it is determined that the applicant or licensee:

(a) In the case of a title agent, is insolvent
or in such a financial condition that he cannot continue in business with
safety to his customers;

(b) Has violated any provision of this chapter
or any regulation adopted pursuant thereto or has aided and abetted another to
do so;

(c) Has committed fraud in connection with any
transaction governed by this chapter;

(d) Has intentionally or knowingly made any
misrepresentation or false statement to, or concealed any essential or material
fact known to him from, any principal or designated agent of the principal in
the course of the escrow business;

(e) Has intentionally or knowingly made or
caused to be made to the commissioner any false representation of a material
fact or has suppressed or withheld from him any information which the applicant
or licensee possesses;

(f) Has failed without reasonable cause to
furnish to the parties of an escrow their respective statements of the
settlement within a reasonable time after the close of escrow;

(g) Has failed without reasonable cause to
deliver, within a reasonable time after the close of escrow, to the respective
parties of an escrow transaction any money, documents or other properties held
in escrow in violation of the provisions of the escrow instructions;

(h) Has refused to permit an examination by the
commissioner of his books and affairs or has refused or failed, within a
reasonable time, to furnish any information or make any report that may be
required by the commissioner pursuant to the provisions of this chapter;

(i) Has been convicted of a felony or any
misdemeanor of which an essential element is fraud;

(j) In the case of a title agent, has failed to
maintain complete and accurate records of all transactions within the last 7
years;

(k) Has commingled the money of others with his
own or converted the money of others to his own use;

(l) Has failed, before the close of escrow, to
obtain written instructions concerning any essential or material fact or
intentionally failed to follow the written instructions which have been agreed
upon by the parties and accepted by the holder of the escrow; [or]

(m) Has failed to disclose in writing that he is
acting in the dual capacity of escrow agent or agency and undisclosed principal
in any transaction [.]; or

(n) In the case of an
escrow officer, has been convicted of, or entered a plea of guilty or nolo
contendere to, any crime involving moral turpitude.

2. It is sufficient cause for the
imposition of a fine or the refusal, suspension or revocation of the license of
a partnership, corporation or any other association if any member of the
partnership or any officer or director of the corporation or association has
been guilty of any act or omission directly arising from the business activities
of a title agent which would be cause for such action had the applicant or
licensee been a natural person.

3. The commissioner may suspend or revoke
the license of a title agent, or impose a fine, if the commissioner finds that
the title agent:

(a) Failed to maintain adequate supervision of
an escrow officer title agent he has appointed or employed.

(b) Instructed
an escrow officer to commit an act which would be cause for the revocation of
the escrow officers license and the escrow officer committed the act. An
escrow officer is not subject to disciplinary action for committing such an act
under instruction by the title agent.

4. The commissioner may refuse to issue a
license to any person who, within 10 years before the date of applying for a
current license, has had suspended or revoked a license issued pursuant to this
chapter or a comparable license issued by any other state, district or
territory of the United States or any foreign country.

Sec. 27. NRS 695B.320 is
hereby amended to read as follows:

695B.320 Nonprofit hospital and medical
or dental service corporations are subject to the provisions of this chapter,
and to the provisions of chapters 679A and 679B of NRS, NRS 686A.010 to
686A.315, inclusive, 687B.010 to 687B.040, inclusive,
687B.070 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200 to
687B.255, inclusive, 687B.270, 687B.310 to 687B.380, inclusive, 687B.410,
687B.420, 687B.430, 689C.015 to 689C.350, inclusive, and chapters 692C
and 696B of NRS, to the extent applicable and not in conflict with the express
provisions of this chapter.

Sec. 28. Chapter 695F of NRS
is hereby amended by adding thereto a new section to read as follows:

A prepaid limited health
service organization shall contract with an insurance company licensed in this
state or authorized to do business in this state for the provision of
insurance, indemnity or reimbursement against the cost of health care services
provided by the prepaid limited health service organization.

Sec. 29. NRS 695F.090 is
hereby amended to read as follows:

695F.090 Prepaid limited health service
organizations are subject to the provisions of this chapter and to the
following provisions ,[of
this Title,] to the extent reasonably applicable:

9. NRS 680B.025 to
680B.039, inclusive, concerning premium tax, premium tax rate, annual report
and estimated quarterly tax payments. For the purposes of this subsection,
unless the context otherwise requires that a section apply only to insurers,
any reference in those sections to insurer must be replaced by a reference to
prepaid limited health service organization.

Sec. 30. Chapter 696B of NRS
is hereby amended by adding thereto a new section to read as follows:

The commissioner and the
officers, agents, employees and attorneys of the division are not liable for
any action or omission made in good faith by the commissioner, officer, agent,
employee or attorney in the performance of his duties or exercise of authority
pursuant to this chapter. Nothing in this section abrogates or modifies any
other privilege otherwise provided by law to the commissioner or the officers,
agents, employees and attorneys of the division.

Sec. 31. NRS 696B.190 is hereby
amended to read as follows:

696B.190 1. The
district court [shall have]has original jurisdiction of delinquency proceedings
under NRS 696B.010 to 696B.560, inclusive, and section
30 of this act, and any court with jurisdiction [is
authorized to]may make all
necessary or proper orders to carry out the purposes of those sections.

2. The venue of delinquency proceedings
against a domestic insurer must be in the county in this state of the insurers
principal place of business or, if the principal place of business is located
in another state, in any county in this state selected by the commissioner for
the purpose. The venue of proceedings against foreign insurers must be in any
county in this state selected by the commissioner for the purpose.

3. At any time after commencement of a
proceeding, the commissioner or any other party may apply to the court for an
order changing the venue of, and removing, the proceeding to any other county
of this state in which the proceeding may most conveniently, economically and
efficiently be conducted.

4. No court has jurisdiction to
entertain, hear or determine any petition or complaint praying for the
dissolution, liquidation, rehabilitation, sequestration, conservation or
receivership of any insurer, or for an injunction or restraining order or other
relief preliminary, incidental or relating to such proceedings, other than in
accordance with NRS 696B.010 to 696B.560, inclusive [.], and section 30 of this act.

5. An appeal to the supreme court may be
taken from any court granting or refusing rehabilitation, liquidation,
conservation or receivership, and from every order in delinquency proceedings
having the character of a final order as to the particular portion of the
proceedings embraced therein.

Sec. 32. NRS 696B.415 is
hereby amended to read as follows:

696B.415 1. Upon the
issuance of an order of liquidation with a finding of insolvency against a
domestic insurer , the commissioner shall apply
to the district court for authority to disburse [funds]money to the Nevada insurance guaranty
association or the Nevada life and health insurance guaranty association out of
the insurers marshaled assets, as [funds become]money becomes available, in amounts equal to
disbursements made or to be made by the association for claims-handling expense
and covered-claims obligations upon the presentation of evidence that
disbursements have been made by the association. The commissioner shall apply
to the district court for authority to make similar disbursements to insurance
guaranty associations in other jurisdictions if one of the Nevada associations is entitled to like payment under the laws
relating to insolvent insurers in the jurisdiction in which the organization is
domiciled.

associations is entitled to like payment under the laws
relating to insolvent insurers in the jurisdiction in which the organization is
domiciled.

2. The commissioner, in determining the
amounts available for disbursement to the Nevada insurance guaranty
association, the Nevada life and health insurance guaranty association, and
similar organizations in other jurisdictions, shall reserve sufficient assets
for the payment of expenses of administration.

3. The commissioner shall establish
procedures for the ratable allocation of disbursements to the Nevada insurance
guaranty association, the Nevada life and health insurance guaranty
association, and similar organizations in other jurisdictions, and shall secure
from each organization to which money is paid as a condition to advances in
reimbursement of covered-claims obligations an agreement to return to the
commissioner, on demand, amounts previously advanced which are required to pay
claims of secured creditors and claims falling within the priorities
established in [subsections 1 and 2 of]
NRS 696B.420 [.]for administration costs and expenses, and wage debts due
employees for services performed.

Sec. 33. NRS 696B.420 is
hereby amended to read as follows:

696B.420 1. The
order of distribution of claims from the insurers estate on liquidation of the
insurer [shall]must be as stated in this section. The first $50 of the
amount allowed on each claim in the classes under [subsections
2 to 6, inclusive, shall]paragraphs (b)
to (g), inclusive, must be deducted from the claim and included in the
class under [subsection 8.]paragraph (i). Claims may not be cumulated by
assignment to avoid application of the $50 deductible provision. Subject to the
$50 deductible provision, every claim in each class [shall]must be paid in full or adequate [funds]money
retained for the payment before the members of the next class receive any
payment. No subclasses [shall]may be established within any class. [The]Except as
otherwise provided in subsection 2, the order of distribution and of
priority [shall]must be as follows:

[1.](a) Administration costs [.
The costs and expenses of administration,]and expenses, including ,
but not limited to , the following:

(1) The
actual and necessary costs of preserving or recovering the assets of the
insurer; [compensation]

(2) Compensation
for all services rendered in the liquidation; [any]

(3) Any
necessary filing fees; [the]

(4) The
fees and mileage payable to witnesses; and [reasonable]

(5) Reasonable
attorneys fees.

[2. Wages.
Debts due to employees for services performed, not to exceed $1,000 to each
employee, which have been earned within 1 year before the filing of the
petition for liquidation. Officers of the insurer shall not be entitled to the
benefit of this priority. Such priority shall be in lieu of any other similar
priority authorized by law as to wages or compensation of employees.

3.](b) Loss claims [.
All], including all claims under
policies for losses incurred, including third party claims, [and] all claims against the insurer for
liability for bodily injury or for injury to or destruction of tangible
property which are not under policies, and all claims of the Nevada insurance
guaranty association, the Nevada life and health insurance guaranty association, and other similar statutory organizations
in other jurisdictions, except the first $200 of losses otherwise payable to
any claimant under this [subsection.]

guaranty association, and other similar statutory
organizations in other jurisdictions, except the first $200 of losses otherwise
payable to any claimant under this [subsection.]paragraph. All claims under life insurance and
annuity policies, whether for death proceeds, annuity proceeds or investment
values, [shall]must be treated as loss claims. Claims may not be
cumulated by assignment to avoid application of the $200 deductible provision.
That portion of any loss for which indemnification is provided by other
benefits or advantages recovered or recoverable by the claimant [shall]may
not be included in this class, other than benefits or advantages recovered or
recoverable in discharge of familial obligations of support or by way of
succession at death or as proceeds of life insurance, or as gratuities. No
payment made by an employer to his employee [shall]may be treated as a gratuity.

[4.](c) Unearned premiums and small loss claims [. Claims],
including claims under nonassessable policies for unearned premiums or
other premium refunds and the first $200 of loss excepted by the deductible
provision in [subsection 3.

5.]paragraph (b).

(d) Claims of the Federal
Government and any state or local government, including, but not limited to, a
claim of any governmental body for a penalty or forfeiture.

(e) Wage debts due
employees for services performed, not to exceed $1,000 to each employee, that
have been earned within 1 year before the filing of the petition for
liquidation. Officers of the insurer are not entitled to the benefit of this
priority. The priority set forth in this paragraph must be in lieu of any other
similar priority authorized by law as to wages or compensation of employees.

(f) Residual
classification [. All], including all other claims [,
including claims of the federal or any state or local government,]
not falling within other classes under this section. Claims [, including those of any governmental body,]
for a penalty or forfeiture [, shall]must be allowed in this class only to the extent
of the pecuniary loss sustained from the act, transaction or proceeding out of
which the penalty or forfeiture arose, with reasonable and actual costs
occasioned thereby. The remainder of such claims [shall]must be postponed to the class of claims under [subsection 8.

6. Judgments.
Claims]paragraph (i).

(g) Judgment claims
based solely on judgments. If a claimant files a claim and bases it both on the
judgment and on the underlying facts, the claim [shall]must be considered by the liquidator, who shall
give the judgment such weight as he deems appropriate. The claim as allowed [shall]must
receive the priority it would receive in the absence of the judgment. If the
judgment is larger than the allowance on the underlying claim, the remaining
portion of the judgment [shall]must be treated as if it were a claim based solely on a
judgment.

[7.](h) Interest on claims already paid [. Interest], which must be calculated at the legal rate compounded
annually on all claims in the classes under [subsections
1 to 6,]paragraphs (a) to (g),
inclusive, from the date of the petition for liquidation or the date on which
the claim becomes due, whichever is later, until the date on which the dividend
is declared. The liquidator, with the approval of the
court, may make reasonable classifications of claims for purposes of computing
interest, may make approximate computations and may ignore certain
classifications and [time] periods as de minimis.

liquidator, with the approval of the court, may make
reasonable classifications of claims for purposes of computing interest, may
make approximate computations and may ignore certain classifications and [time] periods as de minimis.

[8.](i) Miscellaneous subordinated claims [. The],
including the remaining claims or portions of claims not already paid,
with interest as in [subsection 7:

(a)]paragraph (h):

(1) The
first $50 of each claim in the classes under [subsections
2 to 6,]paragraph (b) to (g),
inclusive, subordinated under this section;

[(b)](2) Claims subordinated by NRS 696B.430;

[(c)](3) Claims filed late;

[(d)](4) Portions of claims subordinated under [subsection 5;

(e)]paragraph (f);

(5) Claims
or portions of claims the payment of which is provided by other benefits or
advantages recovered or recoverable by the claimant; and

[(f)](6) Claims not otherwise provided for in this
section.

[9.](j) Preferred ownership claims [. Surplus],
including surplus or contribution notes, or similar obligations, and
premium refunds on assessable policies. Interest at the legal rate [shall]must
be added to each claim, as in [subsections 7 and
8.

10.]paragraphs (h) and (i).

(k) Proprietary
claims [. The claims] of
shareholders or other owners.

2. If there are no
existing or potential claims of the government against the estate, claims for
wages have priority over all claims set forth in paragraphs (c) to (j),
inclusive, of subsection 1. The provisions of this subsection must not be
construed to require the deduction of $50 or the accumulation of interest for
claims as described in paragraph (h) of subsection 1.

Sec. 34. NRS 696B.430 is
hereby amended to read as follows:

696B.430 If an ancillary receiver in
another state or foreign country, by whatever name called, fails to transfer to
the domiciliary liquidator in this state any assets within his control other
than special deposits, diminished only by the expenses, if any, of the
ancillary receivership, claims filed in the ancillary receivership, other than
special deposit claims or secured claims, [shall]must be placed in the class of claims under paragraph (i) of subsection [8]1 of NRS 696B.420.

Sec. 35. NRS 697.150 is
hereby amended to read as follows:

697.150 A person is not entitled to
receive, renew or hold a license as a bail agent unless he:

1. Is a bona fide resident of and resides
within this state, and must have so resided for not less than 1 year
immediately preceding the application for the license.

2. Is a natural person not less than 18
years of age.

3. Has been appointed as a bail agent by
an authorized surety insurer, subject to issuance of the license.

4. Is competent, trustworthy and
financially responsible [.], and has not been convicted of, or entered a plea of guilty
or nolo contendere to, forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to
defraud or any crime involving moral turpitude.

extortion, conspiracy to defraud or
any crime involving moral turpitude. A conviction of, or plea of guilty or nolo
contendere by, an applicant or licensee for any crime listed in this subsection
is a sufficient ground for the commissioner to deny a license to the applicant
or to suspend or revoke the agents license.

5. Has passed any written examination
required under this chapter.

6. Has filed the bond required by NRS
697.190.

Sec. 36. Section
21 of Assembly Bill No. 156 of this session is hereby amended to read as
follows:

Sec. 21. 1. In
addition to any other report which is required to be filed with the
commissioner or the state board of health, each managed care organization shall
file with the commissioner and the state board of health, on or before March 1
of each year, a report regarding its methods for reviewing the quality of
health care services provided to its insureds.

2. Each managed
care organization shall include in its report the criteria, data, benchmarks or
studies used to:

(a) Assess the nature,
scope, quality and [staffing]accessibility of health care services provided to
insureds; or

(b) Determine any
reduction or modification of the provision of health care services to insureds.

3. Except as
already required to be filed with the commissioner or the state board of
health, if the managed care organization is not owned and operated by a public
entity and has more than 100 insureds, the report filed pursuant to subsection
1 must include:

(a) A copy of all of
its quarterly and annual financial reports;

(b) A statement of any
financial interest it has in any other business which is related to health care
that is greater than 5 percent of that business or $5,000, whichever is less;
and

(c) A description of
each complaint filed with or against it that resulted in arbitration, a lawsuit
or other legal proceeding, unless disclosure is prohibited by law or a court
order.

4. A report
filed pursuant to this section must be made available for public inspection
within a reasonable time after it is received by the commissioner.

Sec. 36.5. A person who is
licensed on October 1, 1997, as an agent, broker or solicitor pursuant to NRS
683A.130, an adjuster pursuant to NRS 684A.070, an agent pursuant to NRS
689.235 or 689.520, an escrow officer pursuant to NRS 692A.103, or a bail agent
pursuant to NRS 697.150 is entitled to renew his license after that date if he
is otherwise qualified to be issued such a license and he has not, on or after
October 1, 1997, been convicted of, or entered a plea of guilty or nolo
contendere to, forgery, embezzlement, obtaining money under false pretenses,
larceny, extortion, conspiracy to defraud or any crime involving moral
turpitude.

Sec. 37. The amendatory provisions
of this act that impose criminal liability do not apply to offenses that are
committed before October 1, 1997.

Sec. 38. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 39. Sections 29 and 36
of this act become effective at 12:01 a.m. on October 1, 1997.

________

CHAPTER 604, AB 581

Assembly Bill No. 581Committee on Government Affairs

CHAPTER 604

AN ACT relating to public utilities;
prohibiting certain transactions relating to public utilities without the prior
authorization of the public service commission of Nevada; providing a penalty;
and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 704 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 4, no person may merge with, acquire through a
subsidiary or affiliate, or otherwise directly or indirectly obtain control of
a public utility doing business in this state or an entity that holds a
controlling interest in such a public utility without first submitting to the
commission an application for authorization of the proposed transaction and
obtaining authorization from the commission pursuant to subsection 2. Any
merger, acquisition or change in control in violation of this section is not
valid for any purpose.

2. Before
authorizing the merger, acquisition or change in control of a public utility
doing business in this state, the commission shall consider the effect of the
proposed transaction. If the commission finds that the proposed merger,
acquisition or change in control is in the public interest, the commission
shall authorize the proposed transaction.

3. If the
commission does not issue a final determination regarding the proposed
transaction within 180 days after the date on which an application or amended
application for authorization of the proposed transaction was filed with the
commission, the transaction shall be deemed approved.

4. The provisions
of this section do not apply to the transfer of stock of a public utility doing
business in this state or to the transfer of the stock of an entity holding a
controlling interest in such a public utility, if a transfer of not more than
25 percent of the common stock of such a public utility or entity is proposed.

Sec. 2. NRS 704.410 is
hereby amended to read as follows:

704.410 1. Any public
utility subject to the provisions of NRS 704.005 to 704.751, inclusive, to
which a certificate of public convenience and necessity has been issued
pursuant to NRS 704.005 to 704.751, inclusive, and
section 1 of this act, may transfer the certificate to any person
qualified under NRS 704.005 to 704.751, inclusive, and
section 1 of this act, but the transfer is not valid for any purpose
until a joint application to make the transfer has been
made to the commission by the transferor and the transferee, and the commission
has authorized the substitution of the transferee for the transferor.

to make the transfer has been made to the commission by the
transferor and the transferee, and the commission has authorized the
substitution of the transferee for the transferor.

2. The commission may direct that a
hearing be had in the matter of the transfer. If the commission determines that
a hearing should be held, the hearing must be noticed and conducted in the same
manner as other contested hearings before the
commission.

3. The commission has the sole discretion
to direct that a hearing be held if the application seeks to transfer the
certificate from a person or partners to a corporation when the officers of the
corporation will be substantially the same person or partners.

4. The commission may dispense with a
hearing if, upon the expiration of the time fixed in the notice thereof, no
protest to the proposed transfer has been filed by or on behalf of any interested
person.

5. In determining whether the transfer of
a certificate of public convenience and necessity to an applicant transferee
should be authorized, the commission must take into consideration:

(a) The utility service performed by the
transferor and the proposed utility service of the transferee;

(b) Other authorized utility services in the
territory for which the transfer is sought; and

(c) Whether the transferee is fit, willing and
able to perform the services of a public utility and whether the proposed
operation will be consistent with the legislative policies set forth in NRS
704.005 to 704.751, inclusive [.]and section 1 of this act.

6. The commission may make such
amendments, restrictions or modifications in a certificate upon transferring it
as the public interest requires.

7. No transfer is valid beyond the life
of the certificate transferred.

[8. No
transfer of stock of a public utility subject to the jurisdiction of the
commission is valid without prior approval of the commission if the effect of
the transfer would be to change corporate control of the public utility or if a
transfer of 15 percent or more of the common stock of the public utility is
proposed.]

Sec. 3. NRS 704.640 is
hereby amended to read as follows:

704.640 Any person who:

1. Operates any public utility to which
NRS 704.005 to 704.751, inclusive, and section 1 of this
act, applies without first obtaining a certificate of public convenience
and necessity or in violation of its terms;

2. Fails to make any return or report
required by NRS 704.005 to 704.751, inclusive, and
section 1 of this act, or by the commission pursuant to NRS 704.005 to
704.751, inclusive [;], and section 1 of this act;

3. Violates, or procures, aids or abets
the violating of any provision of NRS 704.005 to 704.751, inclusive [;], and section
1 of this act;

4. Fails to obey any order, decision or
regulation of the commission;

5. Procures, aids or abets any person in
his failure to obey the order, decision or regulation; or

6. Advertises, solicits, proffers bids or
otherwise holds himself out to perform as a public utility in violation of any
of the provisions of NRS 704.005 to 704.751, inclusive, and
section 1 of this act,

shall be fined not more than $500.

Sec. 4. This act becomes
effective upon passage and approval.

________

CHAPTER 605, AB 584

Assembly Bill No. 584Committee on Judiciary

CHAPTER 605

AN ACT relating to traffic laws; providing
for the suspension of the drivers license or permit of a person less than 21
years of age who drives with a certain percentage by weight of alcohol in his
blood; requiring an officer to make a reasonable attempt to notify the parent,
guardian or custodian of a child less than 18 years of age who is directed to
submit to an evidentiary test to determine whether he was driving under the
influence of intoxicating liquor or a controlled substance under certain
circumstances; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 483 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6, inclusive, of this act.

Sec. 2. 0.02 percent or more but less than 0.10 percent by weight of
alcohol in his blood means a concentration of alcohol in the blood or breath
of a person of 0.02 gram or more but less than 0.10 gram by weight of alcohol
per 100 milliliters of his blood or per 210 liters of his breath.

Sec. 3. 1. If the result of a test given pursuant to NRS
484.382 or 484.383 shows that a person less than 21 years of age had 0.02 percent
or more but less than 0.10 percent by weight of alcohol in his blood at the
time of the test, his license, permit or privilege to drive must be suspended
for a period of 90 days.

2. If a revocation
or suspension of a persons license, permit or privilege to drive for a
violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered
pursuant to subsection 1, the department shall:

(a) Cancel the suspension
ordered pursuant to subsection 1; and

(b) Give the person
credit toward the period of revocation or suspension ordered pursuant to NRS
62.227, 484.379 or 484.3795, whichever is applicable, for any period during
which the persons license, permit or privilege to drive was suspended pursuant
to subsection 1.

3. This section
does not preclude:

(a) The prosecution of a
person for a violation of any other provision of law; or

(b) The suspension or
revocation of a persons license, permit or privilege to drive pursuant to any
other provision of law.

Sec. 4. 1. A peace officer who has received the result of
a test given pursuant to NRS 484.382 or 484.383 which indicates that a person
less than 21 years of age to whom the test was given had 0.02 or more but less
than 0.10 percent by weight of alcohol in his
blood shall prepare a written certificate indicating whether the peace officer:

0.10 percent by weight of alcohol in
his blood shall prepare a written certificate indicating whether the peace
officer:

(a) Had reasonable
grounds to believe that the person was driving under the influence of alcohol;

(b) Served an order of
suspension on the person pursuant to subsection 2; and

(c) Issued the person a
temporary license pursuant to subsection 2.

2. If a person
less than 21 years of age to whom a test is given pursuant to NRS 484.382 or
484.383 is present when a peace officer receives the result of the test and the
test indicates that the person has 0.02 or more but less than 0.10 percent by
weight of alcohol in his blood, the peace officer shall:

(a) Serve an order of
suspension of the license, permit or privilege;

(b) Seize any license or
permit of the person;

(c) Advise the person of
his right to:

(1) Administrative
and judicial review of the suspension; and

(2) Have a
temporary license;

(d) If the person
requests a temporary license, issue the person a temporary license on a form
approved by the department which becomes effective 24 hours after he receives
the temporary license and expires 120 hours after it becomes effective; and

(e) Transmit to the
department:

(1) Any license or
permit seized pursuant to paragraph (b); and

(2) The written
certificate which the peace officer is required to prepare pursuant to
subsection 1.

3. If a person
less than 21 years of age to whom a test is given pursuant to NRS 484.382 or
484.383 is not present when a peace officer receives the result of the test and
the test indicates that the person has 0.02 or more but less than 0.10 percent
by weight of alcohol in his blood, the peace officer shall transmit to the
department a copy of the result of the test and the written certificate which
the peace officer is required to prepare pursuant to subsection 1.

4. The department,
upon receiving a copy of the result of the test and the written certificate
transmitted by the peace officer pursuant to subsection 3, shall:

(a) Review the result of
the test and the written certificate; and

(b) If the department
determines that it is appropriate, issue an order to suspend the license,
permit or privilege to drive of the person by mailing the order to the person
at his last known address.

5. An order for
suspension issued by the department pursuant to subsection 4 must:

(a) Explain the grounds
for the suspension;

(b) Indicate the period
of the suspension;

(c) Require the person to
transmit to the department any license or permit held by the person; and

(d) Explain that the
person has a right to administrative and judicial review of the suspension.

6. An order for
suspension issued by the department pursuant to subsection 4 is presumed to
have been received by the person 5 days after the
order is deposited, postage prepaid, in the United States mail by the
department.

the order is deposited, postage
prepaid, in the United States mail by the department. The date of mailing of
the order may be shown by a certificate that is prepared by an officer or
employee of the department specifying the date of mailing.

Sec. 5. 1. At any time during which the license, permit
or privilege to drive is suspended pursuant to section 4 of this act, the
person may request in writing a hearing by the department to review the order
of suspension. A person is entitled to only one administrative hearing pursuant
to this section.

2. Unless the
parties agree otherwise, the hearing must be conducted within 15 days after
receipt of the request or as soon thereafter as is practicable in the county in
which the requester resides.

3. The director or
his agent may:

(a) Issue subpoenas for:

(1) The attendance
of witnesses at the hearing; and

(2) The production
of relevant books and papers; and

(b) Require a
re-examination of the requester.

4. The scope of
the hearing must be limited to the issues of whether the person, at the time of
the test:

(a) Was less than 21
years of age; and

(b) Had 0.02 percent or
more but less than 0.10 percent by weight of alcohol in his blood.

5. The department
shall issue the person a temporary license for a period that is sufficient to
complete the administrative hearing.

6. Upon an
affirmative finding on the issues listed in subsection 4, the department shall
affirm the order of suspension. Otherwise, the order of suspension must be
rescinded.

7. If the order of
suspension is affirmed by the department, the person is entitled to judicial
review of the issues listed in subsection 4 in the manner provided in chapter
233B of NRS.

8. The court shall
notify the department upon issuing a stay. Upon receiving such notice, the
department shall issue an additional temporary license for a period that is
sufficient to complete the judicial review.

9. The hearing
officer or the court shall notify the department if the hearing officer grants
a continuance of the administrative hearing or the court grants a continuance
after issuing a stay of the suspension. Upon receiving such notice, the
department shall cancel any temporary license granted pursuant to this section
and notify the holder by mailing an order of cancellation to the last known
address of the holder.

Sec. 6. After half the period during which the drivers license of a
person is suspended pursuant to section 4 of this act, the department may issue
the person a restricted drivers license in the manner provided in subsection 1
of NRS 483.490.

Sec. 7. NRS 483.020 is
hereby amended to read as follows:

483.020 As
used in NRS 483.010 to 483.630, inclusive, and section 5 of [this act,]Senate
Bill No. 355 of this sessionand sections 2 to 6,
inclusive, of this act, unless the context otherwise requires, the words
and terms defined in NRS 483.030 to 483.190, inclusive, and sections 2, 3 and 4
of[this act,] Senate Bill No. 355 of this session and section 2 of this act
have the meanings ascribed to them in those sections.

484.383 1. Except as
otherwise provided in subsections 3 and 4, any person who drives or is in
actual physical control of a vehicle on a highway or on premises to which the
public has access shall be deemed to have given his consent to an evidentiary
test of his blood, urine, breath or other bodily substance for the purpose of
determining the alcoholic content of his blood or breath or the presence of a controlled
substance when such a test is administered at the direction of a police officer
having reasonable grounds to believe that the person to be tested was driving
or in actual physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance.

2. If the person to be tested pursuant to
subsection 1 is dead or unconscious, the officer shall direct that samples of
blood from the person be tested.

3. Any person who is afflicted with
hemophilia or with a heart condition requiring the use of an anticoagulant as
determined by a physician is exempt from any blood test which may be required
pursuant to this section but must, when appropriate pursuant to the provisions
of this section, be required to submit to a breath or urine test.

4. If the alcoholic content of the blood
or breath of the person to be tested is in issue:

(a) Except as otherwise provided in this
section, the person may refuse to submit to a blood test if means are
reasonably available to perform a breath test.

(b) The person may request a blood test, but if
means are reasonably available to perform a breath test when the blood test is
requested, and the person is subsequently convicted, he must pay for the cost
of the blood test, including the fees and expenses of witnesses in court.

(c) A police officer may direct the person to
submit to a blood test as set forth in subsection 7 if the officer has
reasonable grounds to believe that the person:

(1) Caused death or substantial bodily
harm to another person as a result of driving or being in actual physical
control of a vehicle while under the influence of intoxicating liquor or a
controlled substance; or

(2) Has been convicted within the
previous 7 years of:

(I) A violation of NRS 484.379,
484.3795, subsection 2 of NRS 488.205, NRS 488.206, section 4 of this act or a
law of another jurisdiction that prohibits the same or similar conduct; or

(II) Any other offense in this
state or another jurisdiction in which death or substantial bodily harm to
another person resulted from driving, operating or being in actual physical
control of a vehicle or a vessel under power or sail while under the influence
of intoxicating liquor or a controlled substance.

5. If the presence of a controlled
substance in the blood of the person is in issue, the officer may direct him to
submit to a blood or urine test, or both, in addition to the breath test.

6. Except as otherwise provided in
subsections 3 and 5, a police officer shall not direct a person to submit to a
urine test.

7. If a person to be tested fails to
submit to a required test as directed by a police officer pursuant to this
section and the officer has reasonable grounds to believe that the person to be
tested was driving or in actual physical control of a motor vehicle while under
the influence of intoxicating liquor or a controlled substance, the officer may
direct that reasonable force be used to the extent necessary to obtain samples
of blood from the person to be tested. Not more than three such samples may be
taken during the 5-hour period immediately following the time of the initial
arrest. In such a circumstance, the officer is not required to provide the
person with a choice of tests for determining the alcoholic content or presence
of a controlled substance in his blood.

8. If a person who
is less than 18 years of age is directed to submit to an evidentiary test
pursuant to this section, the officer shall, before testing the person, make a
reasonable attempt to notify the parent, guardian or custodian of the person,
if known.

Sec. 9. NRS 62.170 is hereby
amended to read as follows:

62.170 1. Except as
otherwise provided in NRS 62.175, any peace officer or probation officer may
take into custody any child who is found violating any law or ordinance or
whose conduct indicates that he is a child in need of supervision. [When]Except
as otherwise provided in NRS 484.383, when a child is taken into
custody, the officer shall immediately notify the parent, guardian or custodian
of the child, if known, and the probation officer. Unless it is impracticable
or inadvisable or has been otherwise ordered by the court, or is otherwise
provided in this section, the child must be released to the custody of his
parent or other responsible adult who has signed a written agreement to bring
the child to the court at a stated time or at such time as the court may
direct. The written agreement must be submitted to the court as soon as
possible. If this person fails to produce the child as agreed or upon notice
from the court, a writ may be issued for the attachment of the person or of the
child requiring that the person or child, or both of them, be brought into the
court at a time stated in the writ.

2. If the child is not released, as
provided in subsection 1, the child must be taken without unnecessary delay to
the court or to the place of detention designated by the court, and, as soon as
possible thereafter, the fact of detention must be reported to the court.
Pending further disposition of the case the child may be released to the
custody of the parent or other person appointed by the court, or may be
detained in such place as is designated by the court, subject to further order.
The court may authorize supervised detention at the [childs]
home of the child in lieu of detention at a
facility for the detention of juveniles.

3. A child alleged to be delinquent or in
need of supervision must not, before disposition of the case, be detained in a
facility for the secure detention of juveniles unless there is probable cause
to believe that:

(a) If the child is not detained, he is likely
to commit an offense dangerous to himself or to the community, or likely to
commit damage to property;

(b) The child will run away or be taken away so
as to be unavailable for proceedings of the court or to its officers;

(c) The child was brought to the probation
officer pursuant to a court order or warrant; or

(d) The child is a fugitive from another
jurisdiction.

4. A child not alleged to be delinquent
or in need of supervision must not at any time be confined or detained in a
facility for the secure detention of juveniles or any police station, lockup,
jail, prison or other facility in which adults are detained or confined.

5. A child under 18 years of age must not
at any time be confined or detained in any police station, lockup, jail, prison
or other facility where the child has regular contact with any adult convicted
of a crime or under arrest and charged with a crime, unless:

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available;
and

(c) The child is separated by sight and sound
from any adults who are confined or detained therein.

6. A child alleged to be delinquent who
is taken into custody and detained must be given a detention hearing, conducted
by the judge or master:

(a) Within 24 hours after the child submits a
written application;

(b) In a county whose population is less than
100,000, within 24 hours after the commencement of detention at a police
station, lockup, jail, prison or other facility in which adults are detained or
confined;

(c) In a county whose population is 100,000 or
more, within 6 hours after the commencement of detention at a police station,
lockup, jail, prison or other facility in which adults are detained or
confined; or

(d) Within 72 hours after the commencement of
detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and
holidays. A child must not be released after a detention hearing without the
written consent of the judge or master.

7. If the parent, guardian or custodian
of the child appears with or on behalf of the child at a detention hearing, the
judge or master shall provide to him a certificate of attendance which he may
provide to his employer. The certificate of attendance must set forth the date
and time of appearance and the provisions of NRS 62.410. The certificate of
attendance must not set forth the name of the child or the offense alleged.

8. A child who is taken into custody and
detained must, if alleged to be a child in need of supervision, be released
within 24 hours, excluding Saturdays, Sundays and holidays, after his initial
contact with a peace officer to his parent, guardian or custodian, to any other
person who is able to provide adequate care and supervision, or to shelter
care, except as otherwise provided in subsection 9 or unless the court holds a
detention hearing and determines the child:

(a) Has threatened to run away from home or from
the shelter;

(b) Is accused of violent behavior at home; or

(c) Is accused of violating the terms of his
supervision and consent decree.

If the court makes such a determination, the child may be
detained for an additional 24 hours after the hearing, excluding Saturdays,
Sundays and holidays, if needed by the court to make an
alternative placement.

holidays, if needed by the court to make an alternative
placement. Such an alternative placement must be in a facility in which there
are no physically restraining devices or barriers. A child must not be detained
pursuant to this subsection for a total period in excess of 48 hours, excluding
Saturdays, Sundays and holidays.

9. A child alleged to be in need of
supervision who is taken into custody and detained need not be released within
24 hours, excluding Saturdays, Sundays and holidays, after his initial contact
with a peace officer to his parent, guardian or custodian, to any other person
who is able to provide adequate care and supervision, or to a shelter for care,
if the court holds a detention hearing and determines the child:

(a) Is a ward of a federal court or held
pursuant to federal statute;

(b) Has run away from another state and a
jurisdiction within the state has issued a want, warrant or request for the
child; or

(c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be
detained for such an additional period as necessary for the court to return the
child to the jurisdiction from which he originated or to make an alternative
placement. Such an alternative placement must be in a facility in which there
are no physically restraining devices or barriers.

10. During the pendency of a criminal or
quasi-criminal charge of a crime excluded from the original jurisdiction of the
court pursuant to NRS 62.040, a child may petition the juvenile division for temporary
placement in a facility for the detention of juveniles.

11. In determining whether to release a
child pursuant to this section to a person other than his parent, guardian or
custodian, preference must be given to any person related within the third
degree of consanguinity to the child who is suitable and able to provide proper
care and guidance for the child.

Sec. 10. The amendatory
provisions of this act do not apply to a test given pursuant to NRS 484.382 or
484.383 before October 1, 1997.

Sec. 11. Sections 7 and 8 of
this act become effective at 12:01 a.m. on October 1, 1997.

________

CHAPTER 606, AB 586

Assembly Bill No. 586Committee on Ways and Means

CHAPTER 606

AN ACT making an appropriation to the
Women in Military Service for America Memorial Foundation, Inc., for the
support of the construction of the memorial in Arlington National Cemetery; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Women in Military Service for
America Memorial Foundation, Inc., the sum of $10,000 for
the support of the construction of the Women in Military Service for America
Memorial in Arlington National Cemetery.

sum of $10,000 for the support of the construction of the
Women in Military Service for America Memorial in Arlington National Cemetery.

Sec. 2. This act becomes
effective upon passage and approval or on June 30, 1997, whichever occurs
earlier.

________

CHAPTER 607, AB 590

Assembly Bill No. 590Committee on Transportation

CHAPTER 607

AN ACT relating to motor vehicles;
providing for the issuance of special license plates indicating support for the
Juvenile Diabetes Foundation International and the Sickle Cell Disease
Association of America; imposing a fee for the issuance or renewal of the
license plates; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 482 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. The department
shall, using any colors and designs that the department deems appropriate,
design, prepare and issue license plates which indicate combined support for
the Juvenile Diabetes Foundation International and the Sickle Cell Disease
Association of America. The department shall not design, prepare or issue the
license plates unless it receives at least 250 applications for the issuance of
those plates.

2. The department
shall issue license plates that indicate combined support for the Juvenile
Diabetes Foundation International and the Sickle Cell Disease Association of
America for a passenger car or a light commercial vehicle upon application by a
person who is entitled to license plates pursuant to NRS 482.265 and who
otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be combined with license plates
that indicate support for the Juvenile Diabetes Foundation International and
the Sickle Cell Disease Association of America if that person pays the fees for
the personalized prestige license plates in addition to the fees for the
license plates that indicate combined support for the Juvenile Diabetes
Foundation International and the Sickle Cell Disease Association of America.

3. The fee for
license plates that indicate combined support for the Juvenile Diabetes
Foundation International and the Sickle Cell Disease Association of America is
$35, in addition to all other applicable registration and license fees and
motor vehicle privilege taxes. The license plates are renewable upon the
payment of $10.

4. In addition to
all fees for the license, registration and privilege taxes, a person who
requests a set of license plates that indicate support for the Juvenile
Diabetes Foundation International and the Sickle Cell Disease Association of
America must pay for the initial issuance of the plates and for each renewal of
the plates an additional fee of $20, to be distributed to the Juvenile Diabetes Foundation International and the Sickle Cell
Disease Association of America in accordance with subsection 5.

Juvenile Diabetes Foundation
International and the Sickle Cell Disease Association of America in accordance
with subsection 5.

5. The department
shall transmit each fee collected pursuant to subsection 4 to the health
division of the department of human resources, which shall distribute those
fees to the Nevada chapter of the Juvenile Diabetes Foundation International or
to the Sickle Cell Disease Association of America in accordance with the
preference expressed by the person at the time the fees are paid.

6. If, during a
registration year, the holder of license plates issued pursuant to the
provisions of this section disposes of the vehicle to which the plates are
affixed, he may retain the plates and:

(a) Affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or

(b) Within 30 days after
removing the plates from the vehicle, return them to the department.

Sec. 2. NRS
482.216 is hereby amended to read as follows:

482.216 1. Upon the request
of a new vehicle dealer, the department may authorize the new vehicle dealer
to:

(a) Accept applications for the registration of
the new motor vehicles he sells and the related fees and taxes;

(b) Issue certificates of registration to
applicants who satisfy the requirements of this chapter; and

(c) Accept applications for the transfer of
registration pursuant to NRS 482.399 if the applicant purchased from the new
vehicle dealer a new vehicle to which the registration is to be transferred.

2. A new vehicle dealer who is authorized
to issue certificates of registration pursuant to subsection 1 shall:

(a) Transmit the applications he receives to the
department within the period prescribed by the department;

(b) Transmit the fees he collects from the
applicants and properly account for them within the period prescribed by the
department;

(c) Comply with the regulations adopted pursuant
to subsection 4; and

(d) Bear any cost of equipment which is
necessary to issue certificates of registration, including any computer
hardware or software.

3. A new vehicle dealer who is authorized
to issue certificates of registration pursuant to subsection 1 shall not:

(a) Charge any additional fee for the
performance of those services;

(b) Receive compensation from the department for
the performance of those services;

(c) Accept applications for the renewal of
registration of a motor vehicle; or

(d) Accept an application for the registration
of a motor vehicle if the applicant wishes to [obtain]:

(1) Obtain special license plates
pursuant to NRS 482.3667 to 482.3825, inclusive, [and]
section 1 of [this act, or to claim]Assembly Bill No. 32 of this session and section 1
of this act; or

(2) Claim
the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565
to veterans and their relations.

4. The director shall adopt such
regulations as are necessary to carry out the provisions of this section. The
regulations adopted pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license
plates and decals by the department; and

(b) The withdrawal of the authority granted to a
new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with
the regulations adopted by the department.

Sec. 3. NRS
482.270 is hereby amended to read as follows:

482.270 1. Except
as otherwise provided [in NRS 482.3747, 482.3775,
482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session
and section 1 of this act, or NRS 482.384,]by specific statute, the director shall order the
preparation of motor vehicle license plates with no other colors than blue and
silver. The director may substitute white in place of silver when no suitable
material is available.

2. The director may determine and vary
the size, shape and form and the material of which license plates are made, but
each license plate must be of sufficient size to be plainly readable from a
distance of 100 feet during daylight. All license plates must be treated to
reflect light and to be at least 100 times brighter than conventional painted
number plates. When properly mounted on an unlighted vehicle, the license
plates, when viewed from a vehicle equipped with standard headlights, must be
visible for a distance of not less than 1,500 feet and readable for a distance
of not less than 110 feet.

3. Every license plate must have
displayed upon it:

(a) The registration number, or combination of
letters and numbers, assigned to the vehicle and to the owner thereof;

(b) The name of the state, which may be
abbreviated;

(c) If issued for a calendar year, the year; and

(d) If issued for a registration period other
than a calendar year, the month and year the registration expires.

4. The letters I and Q must not be used
in the designation.

5. Except as otherwise provided in NRS
482.379, all letters and numbers must be of the same size.

Sec. 4. NRS 482.2703 is
hereby amended to read as follows:

482.2703 1. The director may
order the preparation of sample license plates which must be of the same design
and size as regular license plates or license plates issued pursuant to NRS
482.384. The director shall ensure that:

(a) Each license plate issued pursuant to this
subsection, regardless of its design, is inscribed with the word SAMPLE and an
identical designation which consists of the same group of three numerals
followed by the same group of three letters; and

(b) The designation of numerals and letters
assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant
to this chapter or chapter 706 of NRS.

2. The director may order the preparation
of sample license plates which must be of the same design and size as any of
the special license plates issued pursuant to NRS 482.3667 to 482.3823,
inclusive, [and]section 1 of [this act.]

section 1 of [this act.]Assembly
Bill No. 32 of this session and section 1 of this act. The director
shall ensure that:

(a) Each license plate issued pursuant to this
subsection, regardless of its design, is inscribed with the word SAMPLE and the
number zero in the location where any other numerals would normally be
displayed on a license plate of that design; and

(b) The number assigned pursuant to paragraph
(a) is not assigned to a vehicle registered pursuant to this chapter or chapter
706 of NRS.

3. The director may establish a fee for
the issuance of sample license plates of not more than $15 for each license
plate.

4. A decal issued pursuant to NRS 482.271
may be displayed on a sample license plate issued pursuant to this section.

5. All money collected from the issuance
of sample license plates must be deposited in the state treasury for credit to
the motor vehicle fund.

6. A person shall not affix a sample
license plate issued pursuant to this section to a vehicle. A person who
violates the provisions of this subsection is guilty of a misdemeanor.

Sec. 5. NRS 482.500 is
hereby amended to read as follows:

482.500 1. Except as
otherwise provided in subsection 2, whenever upon application any duplicate or
substitute certificate of registration, decal or number plate is issued, the
following fees must be paid:

For a certificate of
registration............................................................. $5.00

For every substitute
number plate or set of plates........................... 5.00

For every duplicate
number plate or set of plates............................. 10.00

For every decal
displaying a county name........................................ .50

For every other decal
(license plate sticker or tab)........................... 5.00

2. The following fees must be paid for
any replacement plate or set of plates issued for the following special license
plates:

(a) For
any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370
to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of [this act,]Assembly
Bill No. 32 of this session and section 1 of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS
482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued
pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS
482.2703, a fee equal to that established by the director for the issuance of
those plates.

3. The fees which are paid for duplicate
number plates and decals displaying county names must be deposited with the
state treasurer for credit to the motor vehicle fund and allocated to the
department to defray the costs of duplicating the plates and manufacturing the
decals.

4. As used in this section:

(a) Duplicate number plate means a license
plate or a set of license plates issued to a registered owner which repeat the
code of a plate or set of plates previously issued to the owner to maintain his
registration using the same code.

(b) Substitute number plate means a license
plate or a set of license plates issued in place of a previously issued and
unexpired plate or set of plates. The plate or set of plates does not repeat
the code of the previously issued plate or set.

Sec. 6. The amendatory
provisions of this act expire by limitation on October 1, 2001, if on that date
the department of motor vehicles and public safety has received fewer than 250
applications for the issuance of a license plate pursuant to section 1 of this
act.

Sec. 7. 1. Sections
2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

2. Section 3 of this act becomes
effective at 12:02 a.m. on October 1, 1997.

________

CHAPTER 608, AB 602

Assembly Bill No. 602Committee on Ways and Means

CHAPTER 608

AN ACT relating to state financial
administration; extending the prospective date for the reversion of the
appropriation made during the previous session to the Division of Forestry of
the State Department of Conservation and Natural Resources and specifying its
use; making appropriations for new and replacement equipment, for the
replacement of a certain hanger door at the Minden airport and for personal
equipment; authorizing the Director of the Department of Administration to make
a loan from the state general fund to the budget account for fire suppression
and emergency response of the Division of Forestry; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the State Department of
Conservation and Natural Resources the sum of $3,157,715 for new and
replacement equipment for the Division of Forestry of the State Department of
Conservation and Natural Resources.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be committed
for expenditure after June 30, 1999, and reverts to the state general fund as
soon as all payments of money committed have been made.

Sec. 3. 1. There
is hereby appropriated from the state general fund to the Division of Forestry
of the State Department of Conservation and Natural Resources the sum of
$21,800 to be in addition to any money carried forward to fiscal year 1997-1998
pursuant to subsection 1 of section 2.5 of chapter 372, Statutes of Nevada
1995, as added by section 5 of this act to replace the overhead door on the
airplane hangar at the Minden airport that is used by the Division of Forestry.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 4. 1. There
is hereby appropriated from the state general fund to the Division of Forestry
of the State Department of Conservation and Natural Resources the sum of $6,894
for personal equipment for the personnel of the Division.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 5. For the fiscal year
1996-1997, the Director of the Department of Administration may loan an amount
not to exceed $1,250,000 from the state general fund to the budget account for
fire suppression and emergency response of the Division of Forestry of the
State Department of Conservation and Natural Resources. The loan must be repaid
as reimbursements are received by the Division of Forestry from the Federal
Government for services provided by the Division, but not later than August 27,
1999.

Sec. 2. Any
remaining balance of the appropriation made by section 1 of this act must not
be committed for expenditure after June 30, [1997,]1998, and reverts to the state general fund as
soon as all payments of money committed have been made.

Sec. 7. Chapter 372 of Statutes
of Nevada 1995, at page 914, is hereby amended by adding a new section
designated sec. 2.5, following sec. 2, to read as follows:

Sec. 2.5. 1. Any
balance of the sums appropriated by subsections 1 to 4, inclusive, 6 and 7 of
section 1 of this act remaining on June 30, 1997, must be carried forward to
fiscal year 1997-1998 to replace the overhead door on the airplane hangar at
the Minden airport that is used by the Division of Forestry of the State
Department of Conservation and Natural Resources.

2. Any
balance of the sum appropriated by subsection 5 of section 1 of this act
remaining on June 30, 1997, must be carried forward to fiscal year 1997-1998
for training pilots employed by the Division of Wildlife of the State
Department of Conservation and Natural Resources in fire-suppression
techniques.

Sec. 8. This act becomes
effective on June 30, 1997.

________

κ1997
Statutes of Nevada, Page 3057κ

CHAPTER 609, AB 607

Assembly Bill No. 607Committee on Ways and Means

CHAPTER 609

AN ACT relating to the division of child
and family services of the department of human resources; creating certain
revolving accounts for the use of the division; providing for the use of the money
in the revolving accounts; merging certain gift accounts in the department of
human resources gift fund; and providing other matters properly relating
thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 423.010 is
hereby amended to read as follows:

423.010 As used in this chapter:

1. Administrator means the
administrator of the division .[of child and family services in the department.]

2. Department means the department of
human resources.

3. Director means the director of the
department.

4. Division
means the division of child and family services of the department.

5. Superintendent
means the superintendent of the northern Nevada childrens home or the
superintendent of the southern Nevada childrens home.

Sec. 2. NRS 423.130 is
hereby amended to read as follows:

423.130 1. All gifts of
money [which the northern Nevada childrens home] that the division is authorized to accept must be
deposited in the [state treasury to the credit of
the northern] Nevada childrens [homes]gift account in the department of human resources
gift fund.

2. [All
gifts of money which the southern Nevada childrens home is authorized to
accept must be deposited in the state treasury to the credit of the southern
Nevada childrens homes gift account in the department of human resources
gift fund.

3. Except as
otherwise provided in NRS 423.135, money]Money
in the gift [accounts] account may be used [:

(a) For childrens home
purposes; and

(b) To]to benefit the children to whom shelter and care is
provided [under a contract entered into pursuant
to NRS 423.147.] by the division.
Each gift must be expended in accordance with the terms of the gift.

3. The interest
and income earned on the money in the Nevada Childrens gift account, after
deducting any applicable charges, must be credited to the gift account.

4. The division
may transfer each fiscal year from the Nevada childrens gift account to the
Nevada childrens gift revolving account created pursuant to NRS 423.135 an
amount not to exceed the amount of interest and income earned for that fiscal
year on the money in the Nevada childrens gift account.

[4.]5. Each claim against the [northern] Nevada childrens [home or the southern Nevada childrens home] gift account must be approved by the [superintendent of the home to which it pertains] administrator
or his designee before it is paid.

[superintendent of the home to
which it pertains] administrator or his
designee before it is paid.

Sec. 3. NRS 423.135 is
hereby amended to read as follows:

423.135 1. The [interest and income earned on money in the northern]
Nevada childrens [homes] gift revolving account [and
the southern Nevada childrens homes gift account deposited pursuant to NRS
423.130]is hereby created. All money in
the Nevada childrens gift revolving account must be deposited in a financial
institution qualified to receive deposits of public money and must be secured
with a depository bond that is satisfactory to the state board of examiners,
unless it is otherwise secured by the Federal Deposit Insurance Corporation.

2. The money in
the Nevada childrens gift revolving account may be distributed by the
division to foster parents, upon request, on the basis of need, to pay the
costs associated with participation by a child in foster care in intramural,
recreational, social, school and sports-related activities, including, but not
limited to, uniforms and equipment, the rental of musical instruments,
registration fees and art lessons.

[2.]3. All requests for distributions of money
[pursuant to subsection 1]from the Nevada childrens gift revolving account must
be made to the division in writing. The person making the request must
demonstrate that all other resources for money to pay for the activity have
been exhausted.

[3.]4. The division [:

(a) Shall not distribute
more than $25,000 per year pursuant to this section.

(b) Shall]shall develop policies for the administration of this [program.]section.

5. Purchases made
by the division pursuant to this section are exempt from the provisions of the
State Purchasing Act.

6. The balance in
the Nevada childrens gift revolving account must be carried forward at the end
of each fiscal year.

Sec. 4. Chapter 432 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. There is hereby
created the placement prevention revolving account in the amount of $25,000 to
be used for the payment of claims of recipients of goods or services from the
division and vendors providing goods or services to those recipients pursuant
to procedures established by the division.

2. Upon written
request from the administrator, the state controller shall draw his warrant
from money already authorized for the use of the division in the sum of
$25,000. When the warrant is paid, the administrator shall deposit the money in
a financial institution qualified to receive deposits of public money. All
money deposited in the placement prevention revolving account pursuant to this
section must be secured with a depository bond that is satisfactory to the
state board of examiners, unless it is otherwise secured by the Federal Deposit
Insurance Corporation.

3. After an
expenditure of money from the placement prevention revolving account, the
administrator shall present a claim to the state board of examiners to maintain
a balance of $25,000. If the claim is approved by the state board of examiners,
the state controller shall draw his warrant from
money already authorized for the use of the division in the amount of the claim
in favor of the placement prevention revolving account, and the state treasurer
shall pay the warrant.

from money already authorized for the
use of the division in the amount of the claim in favor of the placement
prevention revolving account, and the state treasurer shall pay the warrant.

4. Money in the
placement prevention revolving account does not revert to the state general
fund at the end of the fiscal year, and the balance in the account must be
carried forward.

5. Purchases made
by the division pursuant to this section are exempt from the State Purchasing
Act.

Sec. 5. The state treasurer
shall transfer to the Nevada childrens gift account in the department of human
resources gift fund created pursuant to NRS 423.130 the balance remaining at
the close of the fiscal year ending June 30, 1997, in:

AN ACT making an appropriation for the
management of estray horses in the Virginia Range area in northern Nevada and
creating a special account for the money appropriated; and providing other
matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the revolving account for
the management of estray horses in the Virginia Range, created in section 2 of
this act, the sum of $10,000 for the management of estray horses in the
Virginia Range area in northern Nevada.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 2. 1.The
revolving account for the management of estray horses in the Virginia Range is
hereby created in the state general fund. The Administrator of the Division of
Agriculture of the Department of Business and Industry shall administer the
account and is hereby authorized to expend the money in the account for the
management of estray horses in the Virginia Range area.

2. All proceeds from the sale of estray
horses from the Virginia Range area in northern Nevada and any gifts, grants,
donations or other money received by the Division of Agriculture for the
management of estray horses in the Virginia Range must be
deposited in the state general fund for credit to the revolving account for the
management of estray horses in the Virginia Range.

in the Virginia Range must be deposited in the state general
fund for credit to the revolving account for the management of estray horses in
the Virginia Range.

3. The provisions of subsection 3 of NRS
569.010 do not apply to the proceeds derived from the sale of estray horses
from the Virginia Range.

Sec. 3. The Administrator of
the Division of Agriculture of the Department of Business and Industry shall
designate the boundaries of the Virginia Range area in northern Nevada.

Sec. 4. This act becomes
effective upon passage and approval or on June 30, 1997, whichever occurs
earlier.

________

CHAPTER 611, AB 623

Assembly Bill No. 623Committee on Transportation

CHAPTER 611

AN ACT relating to traffic violations;
providing for the reporting of certain violations observed by the driver of a
school bus; increasing the penalty for certain violations involving a school
bus; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 484 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The driver of a
school bus who observes a violation of NRS 484.357 may prepare a report of the
violation. The report must be signed by the driver and include:

(a) The date, time and
approximate location of the violation;

(b) The number and state
of issuance of the license plate of the vehicle whose driver committed the
violation; and

(c) An identification of
the vehicle by type and color.

2. The driver of a
school bus who prepares a report pursuant to subsection 1 shall, within 2
working days after the violation, send the report to the superintendent of his
school district and a copy to the department, which shall thereupon mail to the
last known registered owner of the vehicle a notice containing:

(a) The information
included in the report;

(b) The provisions of NRS
484.357; and

(c) An explanation that
the notice is not a citation but a warning of the seriousness of the violation.

Sec. 2. NRS 484.357 is
hereby amended to read as follows:

484.357 1. Except as
otherwise provided in subsection 2, the driver of any vehicle upon a highway,
street or road, when meeting or overtaking, from either direction, any school
bus, equipped with signs and signals required by law, which has stopped on the
highway, street or road to receive or discharge any pupil and is displaying a
flashing red light signal visible from the front and rear, shall bring his
vehicle to an immediate stop and shall not attempt to
overtake or proceed past the school bus until the flashing red signal ceases
operation.

and shall not attempt to overtake or proceed past the school
bus until the flashing red signal ceases operation.

2. The driver of a vehicle upon a divided
highway need not stop upon meeting or passing a school bus which is positioned
in the other roadway. The driver of a vehicle need not stop upon meeting or
passing a school bus where traffic is controlled by a traffic officer.

3. Any person who violates any of the
provisions of this section is guilty of a misdemeanor [.]and:

(a) For a third or any
subsequent offense within 2 years after the most recent offense, shall be
punished by a fine of not more than $1,000 and his drivers license must be
suspended for not more than 1 year.

(b) For a second offense
within 1 year after the first offense, shall be punished by a fine of not less
than $250 nor more than $500 and his drivers license must be suspended for 6
months.

(c) For a first offense
or any subsequent offense for which a punishment is not provided for in
paragraph (a) or (b), shall be punished by a fine of not less than $250 nor
more than $500.

________

CHAPTER 612, AB 625

Assembly Bill No. 625Committee on Ways and Means

CHAPTER 612

AN ACT making an appropriation to the
Department of Transportation for the construction of a bridge east of the Vista
Interchange of Interstate Highway No. 80; and providing other matters properly
relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state highway fund to the Department of Transportation
the sum of $1,000,000 for the construction of a bridge approximately 12 miles
east of the Vista Interchange of Interstate Highway No. 80.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after the project is completed and reverts to the
state highway fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 3062κ

CHAPTER 613, AB 628

Assembly Bill No. 628Committee on Judiciary

CHAPTER 613

AN ACT relating to justices courts; revising
the provision governing the number of justices of the peace authorized in
townships; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 4.020 is
hereby amended to read as follows:

4.0201. There must
be one justices court in each of the townships of the state, for which there
must be elected by the qualified electors of the township at least one justice
of the peace. Except as otherwise provided in subsection [2, the qualified electors of the township may increase]3, the number of justices of the peace in a township must be increased according to the
population of the township, as certified by the governor in even-numbered years
pursuant to NRS 360.285, in accordance with and not to exceed the following
schedule:

(a) In a county whose population is 400,000 or
more, one justice of the peace for each 100,000 population of the township, or
fraction thereof.

(b) In a county whose population is 100,000 or more and less than 400,000,one
justice of the peace for each 50,000 population of the township, or fraction
thereof.

(c) In a county whose
population is less than 100,000, one justice of the peace for each 34,000
population of the township, or fraction thereof.

(d) If a township
includes a city created by the consolidation of a city and county into one
municipal government, one justice of the peace for each 30,000 population of
the township, or fraction thereof.

2. Except as
otherwise provided in subsection 3, if the schedule set forth in subsection 1
provides for an increase in the number of justices of the peace in a township,
the new justice or justices of the peace must be elected at the next ensuing
biennial election.

3. If the
schedule set forth in subsection 1 [allows] provides for an increase in thenumber of justices of the peace in a township and, in the opinion of a
majority of the justices of the peace in that township, the case load does not
warrant an additional justice of the peace, the justices of the peace shall
notify the director of the legislative counsel bureau and
the board of county commissioners of their opinion [.]on or before
March 15 of the even-numbered year in which the population of the township
provides for such an increase. The director of
the legislative counsel bureau shall submit the opinion to the next
regular session of the legislature for its consideration. If the justices of
the peace transmit such a notice to the director [,]of the legislative counsel bureau and the board of
county commissioners, the number of justices [may]must not be increased during that period unless
the legislature, by resolution, expressly approves the increase.

[3.]4. Justices of the peace shall receive
certificates of election from the boards of county commissioners of their
respective counties.

[4.]5. The clerk of the board of county
commissioners shall, within 10 days after the election or appointment and
qualification of any justice of the peace, certify under seal to the secretary
of state the election or appointment and qualification of the justice of the
peace. The certificate must be filed in the office of the secretary of state as
evidence of the official character of that officer.

Sec. 2. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

________

CHAPTER 614, AB 630

Assembly Bill No. 630Committee on Elections, Procedures,
and Ethics

CHAPTER 614

AN ACT relating to elections; requiring
fiscal notes for constitutional amendments and statewide measures proposed by
initiative petitions or referenda to be prepared by the secretary of state upon
consultation with the fiscal analysis division of the legislative counsel
bureau; requiring the legislative counsel bureau to distribute copies of the fiscal
notes for constitutional amendments and statewide measures to members of the
legislature, public libraries, newspapers and broadcasters; providing other
matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 218.443 is
hereby amended to read as follows:

218.443 1. As used in this
section, first committee of reference means the committee to which a bill or
joint resolution was first referred in the house of the legislature into which
it was introduced.

2. Upon request from the first committee
of reference, the legal , [and]
research and fiscal analysis divisions of the
legislative counsel bureau shall prepare, for any proposed constitutional
amendment or statewide measure which, if approved by the legislature, would be
submitted to a vote of the people:

(a) A condensation of the proposal into a
question to be placed on the ballot; [and]

(b) An explanation of the proposal, including arguments
for and against it [.]; and

(c) A fiscal note for the
proposal, including an explanation of any anticipated financial effects on
state and local governments.

3. The condensation , [and]
explanation and fiscal note must be of reasonable
length and written in easily understood language.

4. After the bill or joint resolution has
been approved by both houses of the legislature, the first committee of
reference shall request the preparation of the condensation ,[and]
explanation [,]and fiscal note, if it has not already
done so, and shall review the draft and approve such changes as it deems
necessary.

already done so, and shall review the draft and approve such
changes as it deems necessary.

5. The first committee of reference shall
[then] submit the condensation [and explanation,], explanation and fiscal note, in the form of a simple
resolution, to the members of the house in which the proposed constitutional
amendment or statewide measure was introduced. After that resolution is
approved, it must be entered in the journal in its entirety and the enrolled
resolution delivered to the secretary of state to accompany the bill or joint
resolution to which it relates.

6. If the legislature adjourns before the
procedures set forth in subsections 4 and 5 have been completed, the
legislative commission shall review, revise and approve the condensation ,[and] explanation
and fiscal note for delivery to the secretary of
state on or before [April]July 1 of the year in which the general election is to
be held.

7. In the case of a joint resolution
which proposes a constitutional amendment, the condensation ,[and]
explanation and fiscal note must be treated in
the same manner when the proposal is before the legislature for its second
approval as when the proposal was first approved.

8. The legislative counsel bureau shall
distribute copies of the condensations ,[and] explanations and fiscal notes to members of the legislature, public
libraries, newspapers and broadcasters.

Sec. 2. NRS 293.250 is
hereby amended to read as follows:

293.250 1. The secretary of
state shall, in a manner consistent with the election laws of this state,
prescribe:

(a) The form of all ballots, absent ballots,
diagrams, sample ballots, certificates, notices, declarations, applications to
register to vote, lists, applications, pollbooks, registers, rosters,
statements and abstracts required by the election laws of this state.

(b) The procedure to be followed when a computer
is used to register voters and to keep records of registration.

2. [He]The secretary of state shall prescribe with
respect to the matter to be printed on every kind of ballot:

(a) The placement and listing of all offices,
candidates and measures upon which voting is statewide, which must be uniform
throughout the state.

(b) The listing of all other candidates required
to file with him, and the order of listing all offices, candidates and measures
upon which voting is not statewide, from which each county or city clerk shall
prepare appropriate ballot forms for use in any election in his county.

3. [He]The secretary of state shall place the
condensation of each proposed constitutional amendment or statewide measure
near the spaces or devices for indicating the voters choice.

4. The fiscal note for and explanation of
each proposed constitutional amendment or statewide measure, including
arguments for and against it, must be included on all sample ballots.

5. The condensations and explanations for
constitutional amendments and statewide measures proposed by initiative or
referendum must be prepared by the secretary of state, upon consultation with
the attorney general. [They]The fiscal notes for constitutional amendments and statewide
measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the fiscal analysis
division of the legislative counsel bureau.

secretary of state, upon consultation
with the fiscal analysis division of the legislative counsel bureau.The condensations, explanations and fiscal notes must
be in easily understood language and of reasonable length, and whenever
feasible must be completed by [April]August 1 of the year in which the general
election is to be held.

6. The names of candidates for township
and legislative or special district offices must be printed only on the ballots
furnished to voters of that township or district.

7. County and city clerks may divide
paper ballots into two sheets in a manner which provides a clear understanding
and grouping of all measures and candidates.

Sec. 3. NRS 293.253 is
hereby amended to read as follows:

293.253 1. The secretary of
state shall provide each county clerk with copies of any proposed constitution,
constitutional amendment or statewide measure which will appear on the general
election ballot, together with the copies of the condensations, explanations
and fiscal notes prepared pursuant to NRS [218.276,]
218.443 and 293.250.

2. Whenever feasible, he shall provide [these]those
copies on or before the first Monday in August of the year in which the
proposals will appear on the ballot. Copies of any additional proposals must be
provided as soon after their filing as feasible.

3. Each county clerk shall cause a copy
of the full text of any such constitution, amendment or measure and its
condensation, explanation, including arguments for and against it, and fiscal
note to be published, in conspicuous display advertising format of not less
than 10 column inches, in a newspaper of general circulation in the county
three times at intervals of not less than 7 days, the first publication to be
on or before the first Monday in October. If no such newspaper is published in
the county, [then] the publication
may be made in a newspaper of general circulation published in the nearest
Nevada county.

4. [When]If a copy is furnished by the secretary of state
too late to be published at 7-day intervals, it must be published three times
at the longest intervals feasible in each county.

5. The portion of the cost of publication
which is attributable to publishing the questions, explanations and fiscal
notes of proposed constitutions, constitutional amendments or statewide
measures is a charge against the state and must be paid from the reserve for
statutory contingency account upon recommendation by the secretary of state and
approval by the state board of examiners.

2. Sample ballots that are mailed
to registered voters may be printed without the full text of each proposed
constitutional amendment if:

(a) The cost of printing the sample ballots
would be significantly reduced if the full text of each proposed constitutional
amendment were not included;

(b) The county or city clerk ensures that a
sample ballot that includes the full text of each proposed constitutional
amendment is provided at no charge to each registered voter who requests such a
sample ballot; and

(c) The sample ballots provided to each polling
place include the full text of each proposed constitutional amendment.

3. At least 10 days before any election,
the county or city clerk shall cause to be mailed to each registered voter in
the county or city a sample ballot for his precinct with a notice informing the
voter of the location of his polling place. If the location of the polling
place has changed since the last election:

(a) The county or city clerk shall mail a notice
of the change to each registered voter in the county or city not sooner than 10
days before mailing the sample ballots; or

(b) The sample ballot must also include a notice
in at least 10-point bold type immediately above the location which states:

NOTICE: THE LOCATION
OF YOUR POLLING PLACE

HAS CHANGED SINCE THE
LAST ELECTION

4. The county or city clerk shall include
in each sample ballot for a primary election or primary city election, a
separate page on which is printed a list of the offices and candidates for those
offices for which there is no opposition.

5. The cost of mailing sample ballots for
any election other than a primary or general election must be borne by the
political subdivision holding the election.

Sec. 5. NRS 218.276 is
hereby repealed.

Sec. 6. Section 4 of this
act becomes effective at 12:01 a.m. on October 1, 1997.